JUDGMENT :

1. Heard Mr. Rajiv Lochan Shukla, learned counsel for the applicant and Mr. Amit Singh Chauhan, learned A.G.A. for the State.

2. The Present case has been filed assailing the order dated 03.12.2022 passed by learned Additional District and Sessions Judge, Fast Track Court, Second, District-Hapur in Special Session Trial No.159 of 14 (New No.78 of 2015) vide which the applicant’s application under Section 91 Cr.P.C. has been rejected.

3. Brief facts of the case are that an FIR was lodged by opposite party no.2, S.I. Sanjay Tyagi, against the applicant and co-accused Gaurav Tyagi on 03.07.2014, which was registered as Case Crime No.297 of 2014, under Section 18/20 of N.D.P.S. Act, at Police Station-Pilakhua, District-Hapur. The applicant was arrested, after which, he was produced before the Court concerned on 04.07.2014 in police custody and remand was sought by the Police/Investigating Officer and the learned Court below allowed the remand of the applicant till 18.07.2014 vide order dated 04.07.2014. The Court concerned while allowing the remand has recorded the statement of the present applicant on oath. Considering the aforesaid natural and trustworthy statement of the present applicant as well as the provisions of Section 58 N.D.P.S. Act, the Court below directed the Superintendent of Police, Hapur to conduct an inquiry regarding the reality and correctness of the First Information Report dated 03.07.2014 and further directed that the said inquiry report be placed before the learned Court below. The Investigating Officer was directed to give a copy of the aforesaid order to Superintendent of Police, Hapur, DIG, Meerut Range, Meerut by order dated 05.07.2014 and submit a report before the Court concerned. The DIG, Meerut was directed to be given a copy of the aforesaid order with the observation that he may direct Superintendent of Police, Hapur to place the enquiry report before the Court concerned and shall also supervise the enquiry.

4. Pursuant to the order dated 04.7.2014 passed by the learned Additional District and Sessions Judge, Ghaziabad, the Superintendent of Police, Hapur, placed the letter before the learned Court below dated 05.07.2014 whereby one week’s further time was sought by him to submit the aforesaid inquiry report as directed by order dated 04.07.2014. On the aforesaid application, the learned Court below vide order dated 07.07.2014 directed that the said enquiry report may be submitted before the learned Court below prior to 17.07.2014.

5. After completing the investigation, charge sheet was submitted against the present applicant on 30.08.2014 and accordingly, the learned Court of Sessions Judge, Ghaziabad took cognizance on the aforesaid charge sheet vide order dated 13.10.2014 and the applicant was summoned to face the trial, registering the case as Special Session Trial No.159 of 2014 (State Vs. Rinku).

6. In the meantime, the present session case was transferred to District Hapur from the Court of District Judge, Ghaziabad on 23.11.2015 by order of District Judge Ghaziabad dated 21.11.2015 in view of order passed by the Hon’ble High Court and the same was received by the District Court Hapur. Thereafter, the aforesaid case was registered before the Sessions Judge, Hapur as Special Session Trial No.78 of 2015 (State Vs. Rinku).

7. The present applicant appeared before the aforesaid Court and moved an application under Section 91 Cr.P.C. on 25.08.2017, whereby he prayed that the enquiry report as directed by Court below vide order dated 04.07.2014 may be considered before framing charge. The aforesaid application has been rejected vide order dated 03.12.2022 and charges have been framed on 02.03.2023, hence, the present application has been filed.

8. Learned counsel for the applicant submits that if the Court is satisfied that the material of sterling quality has been withheld by the Investigator/Prosecutor, it can summon or rely upon the same, even if, such document is not part of the charge she