CRL.M.C. 1338/2021 Page 1 of 14

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Reserved on: 27^th August, 2021

Decided on: 10th November, 2021

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CRL.M.C. 1338/2021 and CRL.M.A. 7654/2021 (stay)

CENTRAL BUREAU OF INVESTIGATION

... Petitioner

Represented by:

Mr. Anupam S Sharma, SPP for CBI

with Ms. Sudha Rani Ralangi,

Director of Prosecution-CBI, Mr.

Prakarsh Airan and Ms. Harpreet

Kalsi, Advs.

versus

M/S. INX MEDIA PVT. LTD. & ORS.

..... Respondents

Represented by:

Mr. Shailesh Poria, Adv. for R-1.

Mr. Sidharth Luthra, Sr. Adv. with

Mr. Akshat Gupta, Mr. Pankaj

Singhal and Ms. Shubhangi Jain,

Advs. for R-3.

Mr. Pramod Kumar Dubey, Sr. Adv.

with Mr. Nitin Saluja, Mr. Vikalp

Sharma and Mr. Akshat Sharma,

Advs. for R-4.

Mr. Vikas Pathak, Adv. for R-7.

Mr. Kumar Vaibhaw, Mr. Himanshu

Gupta, Mr. Mohd. Ashaad, Advs. for

R-8.

Mr. Aditya Wadhwa, Mr. Sougat

Mishra and Mr. Ayush Shrivastava,

Advs. for R-9.

Mr. Sidharth Aggarwal, Sr. Adv. with

Mr. Varaz Maqbool, Mr. Abhinav

Sekhri, Mr. Chandan Kumar and Mr.

Chaitanya Sundariyal, Advs. for

R-10.

Mr. Vikas Arora and Ms. Radhika

2021:DHC:3538

CRL.M.C. 1338/2021 Page 2 of 14

Arora, Advs. for R-11.

Mr. Sandeep Kapur, Mr. Mridul

Yadav, Mr. Aashneet Singh Anand,

Advs. for R-13.

Mr. N. Hariharan, Sr. Adv. with Mr.

Arshdeep Singh Khurana, Mr.Ayush

Aggarwal, Mr.Siddharth S. Yadav,

Mr.Varun Deswal, Ms. Akriti G.

Mittal, Mr.Harsh Mittal, Advs. for R-

14.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

1.

By this petition, the CBI challenges the impugned order dated 5^th

March, 2021 passed by the learned Special Judge on the applications filed

by the accused under Section 207 Cr.P.C. seeking supply of documents.

2.

By the impugned order, the learned Special Judge noted that the

documents sought through these applications were broadly:

a.Deficient documents

b.Dim or illegible copies

c.Incomplete or torn documents

d.Part of documents which have been filed in Court by CBI

e.The documents though seized or collected during investigation, but

not filed in Court

f.The documents referred to or reflected in correspondence of CBI

and other authorities or in statements of witnesses

3.

During the course of hearing before the learned Trial Court, no

dispute was raised by the CBI in respect of the documents mentioned at

serial Nos. (a), (b) and (c), however documents mentioned at serial Nos.(d),

2021:DHC:3538

CRL.M.C. 1338/2021 Page 3 of 14

(e) and (f) were disputed and the stand of the CBI was that since the same

were not relied upon by the CBI in the charge-sheet, the documents

mentioned in the category (d), (e) and (f) cannot be given to the accused.

4.

Vide the impugned order, the learned Special Judge directed CBI to

supply all the pages/parts thereof or the entire documents in relation to the

documents few pages whereof or parts of the said documents are relied upon

and filed by the CBI i.e. the documents at serial No. '(d)'. As regards the

documents at serial nos. '(e)' and '(f)' are concerned, referring to the various

decisions of the Hon'ble Supreme Court and this Court as also relying upon

Clause 12.32 of the CBI (Crime) Manual, 2020 which lays down the

procedure of inspection of documents kept in the Malkhana on Court orders,

the learned Special Judge permitted inspection of records of the case lying in

Malkhana of CBI during the working hours of the CBI Malkhana as per

provisions contained in Clause 12.32 of CBI (Crime) Manual and other

clauses of the Manual and the policy, guidelines or rules framed on this

issue, if any, to the learned defence counsel or their associates as per the

requ