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2016 Supreme(MP) 1087
IN THE HIGH COURT OF MADHYA PRADESH (JABALPUR BENCH)
RAJENDRA MENON, ANURAG SHRIVASTAVA, JJ.
K.K. Mishra - Petitioners
Versus
State of M.P. - Respondents
Misc. Criminal Case No. 16361 of 2016
Decided On : 12-09-2016
For the Petitioner:Siddharth Gupta, Advocate.
For the Respondents:P.K. Kaurav, Additional Advocate General.
The accused has the right to access documents for effective defense, including the right to cross-examine witnesses at the pre-charge stage.
Headnote:
Cr.P.C. - Quashing of Order - Section 91, 199(2), 500 of IPC - [Section 91, 199(2), 500 of IPC] - The court discussed the provisions of section 91, 199(2), and 500 of IPC in the context of the petitioner's request for documents and the prosecution's obligation to provide them. The court also referred to relevant case laws to emphasize the accused's right to defend himself effectively during trial, including the right to cross-examine witnesses at the pre-charge stage.
Fact of the Case:
The petitioner, accused of defamation, sought documents related to the selection process for Transport Constables. The trial court rejected his requests for documents, leading to the petitioner's claim of prejudice in preparing his defense.
Finding of the Court:
The court found that the trial court's decision to allow the petitioner to inspect the voluminous records instead of providing copies was proper and just. It dismissed the petitioner's claim of prejudice and delay tactics.
Issues: The issues revolved around the petitioner's right to access documents for effective defense and the trial court's discretion in providing copies of records to the accused.
Ratio Decidendi: The court emphasized the accused's right to defend himself effectively during trial, including the right to cross-examine witnesses at the pre-charge stage. It upheld the trial court's discretion in allowing the accused to inspect voluminous records instead of providing copies.
Final Decision: The petition was dismissed, affirming the trial court's decision to allow the accused to inspect the records instead of providing copies, and rejecting the claim of prejudice and delay tactics.
ANURAG SHRIVASTAVA, J.
1. In this Misc. Criminal Case under section 482 of Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.' for short) the petitioner/accused has prayed for quashing of the order dated 22.8.2016 (Annexure A-1) and order dated 10.8.2016 (Annexure A-2) passed by learned Special Judge in Criminal Case S.T. No. 573/2014, by which the applications moved by the petitioner under section 91 of Cr.P.C., for supplying the documents are rejected. The prosecution case, as it appears from the complaint petition in short is that the respondent/complainant is a public prosecutor duly authorized by the Government, has filed a complaint (Annexure A-3) under section 199(2) of Cr.P.C., on 24.6.2016 against the present petitioner for commission of offence under section 500 of IPC, alleging that the petitioner as a spokesperson of a particular political party held a press conference and issued statement regarding large scale irregularities in the selection examination conducted by the Professional Examination Board (in short referred as 'VYAPAM') for recruitment on the post of Transport Constables in the Transport Department, Government of Madhya Pradesh in the year 2013. Allegations were leveled against the Chief Minister and his family members regarding their conduct and role in the recruitment process by which a large number of candidates from Gondia, Maharashtra were got selected in the examination by corrupt means. The imputations which are false to the satisfaction of the Government and also defamatory in nature and made in order to malign the public image and reputation of Chief Minister. After preliminary enquiry learned Additional Sessions Judge registered the criminal case under section 500 of IPC against the petitioner and trial is being conducted following the procedure as enumerated under section 237 of Cr.P.C.
2. During trial the prosecution has examined a witness Mr. Sanjay Choudhary, erstwhile Transport Commissioner as P.W. 3 and at the time of examination-in-chief on 6.5.2016, the said witness produced the complete files (marked as Articles separately by Court) pertaining to every student selected in the Transport Constable Examination and prosecution has exhibited only the domicile certificates of every student, and not all the other documents which are filed by the candidates along with their applications.
3. It is contended by learned counsel for petitioner that the prosecution has intentionally produced only domicile certificates of students in evidence and the copies of these certificates only have been given to petitioner. The copies of other documents like 10th pass mark-sheet, 12th pass mark-sheet and relevant papers enclosed in the file of students have not been supplied to him. He has moved an application on 1.8.2016 (Annexure A-12) for furnishing various documents produced/carried by witness Sanjay Choudhary, which had been rejected by the trial Court by the impugned order dated 10.8.2016 (Annexure A-2), holding that the documents are voluminous and copies thereof cannot be supplied to petitioner. The petitioner immediately moved a subsequent application under section 208 of Cr.P.C., on 11.8.2016 (Annexure A-13), in which he expressed his willingness to pay for the fees and expenses that may be occurred in the supply of the complete documents contained in the files/articles produced by the witness Sanjay Choudhary. The trial Court through its subsequent order dated 22.8.2016 (Annexure A-1) rejected the prayer holding that it cannot review its previous order dated 10.8.2016 where the request for supply of documents has already been rejected.
4. It is argued by learned counsel for petitioner that the prosecution has filed the documents relating to selection of candidates on the post of Transport Constables. As per petitioner a large scale irregularities, malpractice and illegalities have been committed in the recruitment process. The petitioner have been continuously trying to get
