ORDER

1. The applicant has filed this Misc. Criminal Case under section 482 of the Cr.P.C. being aggrieved by order dated 25.2.2020 passed by Learned Sessions Judge, Jabalpur in S.T. No.565/2019 whereby learned Sessions Judge has rejected the application under sections 91,104 read with section 207 of the Code of Criminal Procedure.

2. The facts necessary for disposal of this miscellaneous criminal case may briefly be stated thus :

The complainant has lodged a criminal case against the accused/applicant and the same is pending for adjudication before the Sessions Court, Jabalpur. It is alleged that the applicant has committed an offence under section 436 of the I.P.C. and made an accused on the basis of C.D. recording. The prosecution has produced the C.D. of the alleged incident. It is stated by the prosecution that entire incident has been recorded through CCTV camera and C.D. was prepared by the prosecution to prove the offence.

3. Learned counsel for the applicant submitted that due to political pressure and previous enmity, the FIR has been lodged against the applicant as previously wife of the applicant made a complaint before the S.D.M. against the present complainant. There was a dispute between the parties with regard to some transaction of money. On the basis of assumption and presumption the applicant was made an accused. If the C.D. will not be provided, then the right of the accused will be affected.

4. Learned Panel Lawyer for the respondent/State on the other hand has opposed the application.

5. Heard learned counsel for the parties and perused the record.

6. The applicant/accused tried for offence under section 436 of the I.P.C. and, therefore, he preferred an application under sections 91, 104 read with section 207 of the Cr.P.C. with prayer to supply the copy of the C.D. Learned Sessions Judge has rejected the application with observation that there is no provision under section 207 of the Cr.P.C. to provide the copy of the C.D. during trial before the Sessions Court.

7. One of the basic principles of a fair hearing in a grave crime is that the individual charged with a criminal offence be informed regarding the evidence that supports the allegations that have been formally lodged against him in a Court of law. The provisions of the Code of Criminal Procedure recognize the said right and the accused has a right under section 173 to obtain the documents made mention of in the said provision. Sub-section (5) of section 173 is particularly relevant, which reads as under :

"(1) xxxxx xxxxxx

(2) (i) xxxxx xxxxxx

xxxxx xxxxxx

(5) When such report is in respect of a case to which section 170 applies, the police officer shall forward to the Magistrate along with the report-

(a) all documents or relevant extracts thereof on which the prosecution proposes to rely other than those already sent to the Magistrate during investigation;

(b) the statements recorded under section 161 of all the persons whom the prosecution proposes to examine as its witnesses."

8. Thus, it is imperative on the part of the Investigating Officer to forward all documents and relevant extracts, which the prosecution proposes to rely, so as to enable the learned Magistrate to hand over the same to the accused.

9. Application filed by applicant under sections 91 104 read with section 207 of the Cr.P.C. was rejected by the learned Sessions Judge, Jabalpur holding that committal Court shall provide the copies before committing the case under section 207 of the Cr.P.C. No provision is thereto supply copy of C.D. during trial by the Sessions Court. The applicant filed an application under R.T.I. Act before the control room of CCTV Camera Officer as well as Police Station House Officer, Cantt but copy of the C.D. was not provided to him.

10. The scheme of Cr.P.C. is such, which recognize the process of investigation to be a unilateral exercise where accused gets no opportunity of being represented or heard. It is only after filing of the cha