Accused have a right to access documents listed in the final report during trial as per the Cr.P.C.

ORDER

Dated this the 06^th day of February, 2026 Order dated 04.01.2025 in C.M.P.No.2858/2024 on the files of the Judicial First Class Magistrate Court, Kakkanad in C.C.No.1729/2020, is under challenge in this case.

2. Heard the learned counsel for the petitioner, the learned counsel appearing for the additional second respondent, and the learned Public Prosecutor.

3. On perusal of the dispute involved, the petitioner herein, under Section 91 of the Code of Criminal Procedure , 1973 (for short, ‘the Cr.P.C.’ hereinafter), applied for Document No.14 listed in the final report, which, according to the prosecution, was entrusted back to CW20, Dr.Joseph Inchody.

4. The learned Magistrate dismissed C.M.P.No.2858/2024, taking the view that an accused could not seek a document before the framing of charge in terms of Section 91 of the Cr.P.C.

5. Since the order could not be found as illegal, the learned counsel for the petitioner minimised his prayer to preserve the same so as to use it by the accused during trial.

6. The learned counsel for the additional second respondent pointed out that the view taken by the learned Magistrate is correct.

7. In fact, it is evident from the order itself that the document sought for by the petitioner herein has been produced and forms part of the final report, being listed as Document No.14. The said document is the report, which is now in the custody of CW20, Dr.Joseph Inchody. The petitioner is now satisfied with the preservation of the document in court custody. The said request need not be disallowed, as the law permits reliance on documents by the accused which form part of the final report during trial.

8. In view of the above, by partly interfering with the impugned order, there shall be a direction to the learned Magistrate to call for Document No.14 from the custody of CW20, Dr.Joseph Inchody, and keep the same in the safe custody of the Court. If at all CW20 puts up an application for obtaining the original, for valid reasons and the Court finds that the same is liable to be returned, then, CW20 shall be directed to obtain a certified copy thereof, and on production of the certified copy in substitution of the original, the original may be returned subject to necessary conditions to ensure its preservation without tampering.

In the result, this petition stands allowed by interfering and modifying the order, as indicated above. The right of the accused to make use of the document as per the Indian Evidence Act , 1872 or the Bharatiya Sakshya Adhiniyam , 2023, is kept in tact.

The interim order of stay granted by this Court, stands vacated.

Registry is directed to forward a copy of this order to the Judicial First Class Magistrate Court, Kakkanad, forthwith, for information and compliance.