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RAVINDRA MAITHANI
Mahesh Chandra – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
(Ravindra Maithani, J.)
The challenge in this revision is made to order dated 02.02.2024, passed in Sessions Trial No.06 of 2024,, State Vs. Mahesh Chandra Tamta alias Agari, by the court of Additional Sessions Judge, Ramnagar. District-Nainital (“the trial”). By it, an application for discharge moved by the revisionist has been rejected.
2. Heard learned counsel for the revisionist and perused the record.
3. In the trial, the revisionist filed an application for discharge under Section 227 of the Code of Criminal Procedure, 1973 (“the Code”). One of the grounds was that the revisionist was not provided with all the copies, as required under Section 207 of the Code.
4. Learned counsel for the revisionist would submit that at the stage of framing of charge, the revisionist was not provided with all the copies, as mandated under law. Therefore, the order is bad in the eye of law.
5. Learned counsel for the informant would submit that, in fact, for seeking copies under Section 207 of the Code, the revisionist did file C482 No.694 of 2024, which has been allowed by the Coordinate Bench of this Court on 16.05.2024, directing the trial court to provide all the copies, as manda
The court established that compliance with Section 207 of the Code of Criminal Procedure is essential for ensuring the accused's right to a fair trial and adequate defense preparation.
Documents referred to in the charge sheet and deemed to have been relied on by the prosecution should be supplied to the accused, as per Section 207 of the Code of Criminal Procedure, regardless of w....
The trial court's jurisdiction is limited, and it should not unduly interfere, and the exercise of revisional jurisdiction itself should not lead to injustice ex facie.
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