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SHREE PRAKASH SINGH
Uday Pratap Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
SHREE PRAKASH SINGH, J.
1. Heard Sri Anurag Shukla, Advocate and Sri Birendra Pratap Singh, learned counsel for the applicant, Sri Pankaj Kumar Singh, learned counsel for the opposite party no. 2 and Sri Anirudh Kumar Singh, learned AGA-I for the State.
2. By means of the instant application, the applicant-petitioner has prayed that the learned Additional Sessions Judge/FTC-I, Sultanpur may be directed to proceed with the trial of the Sessions Trial No. 573 of 2022 (State vs. Vijay Pratap Singh and Others), arising out of Case Crime No. 0257 of 2021, U/s 302,120-B I.P.C. Police Station-Munshiganj, District-Amethi, while following each and every mandatory and obligatory steps of the procedure prescribed in Code of Criminal Procedure for ensuring the very fair and transparent justice.
3. The factual matrix of the case is that an F.I.R. was lodged against the present applicant and his brother namely Vijay Pratap Singh at Police Station-Munshiganj, District-Amethi on 18-10-2021 and thereafter, the investigation conducted and Chargesheet was filed before the learned Trial Court on 16-12-2021 under sections 302 and 120-B of I.P.C. against the applicant-petitioner and the other co-
The accused is entitled to document disclosure under Section 207 of Cr.P.C. for a fair trial, including materials not necessarily relied upon by prosecution.
The obligation of the prosecution to make fair disclosure and ensure a fair trial for the accused by furnishing copies of all relevant documents and statements as per Section 207 of Cr.P.C.
Accused must be provided access to all documents necessary for defense to ensure a fair trial.
Important Point:a) A criminal trial cannot be allowed to assume the character of fishing and roving enquiryb) it was the duty of the prosecution to ensure fair trial for both the prosecution and the ....
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