The accused is not entitled to the material which was not obtained by the Investigating Agency during the course of investigation and thus, are not part of the final report under Section 173 Cr.P.C.

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH

111

CRR-1116-2021

Date of decision: 06.01.2022

Satpal

.....Petitioner

Versus

State of Haryana

.....Respondent

CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

(Through Video Conferencing)

Present :

Mr. Rishi Pal Singh, Advocate

for the petitioners.

****

MANJARI NEHRU KAUL, J. (ORAL)

Learned counsel is impugning the order dated 16.08.2021,

passed by the learned Additional Sessions Judge (Fast Track Special

Court for the offences of Rape and under POCSO Act), Kurukshetra,

vide which an application moved by the petitioner under Section 207

Cr.P.C. was dismissed, wherein, he had sought the CCTV footage of

the house of the complainant, voice samples, call record details and

certain statements recorded under Section 161 Cr.P.C. by the

Investigating Agency.

Learned counsel submits that the trial Court failed to

appreciate that since the aforementioned had not been provided to the

petitioner when a copy of final report under Section 173 Cr.P.C. was

supplied to him, it had seriously prejudiced his case and his right to a

free and fair trial.

Heard and perused the impugned order and material on

record.

A perusal of the impugned order reveals that all the

material collected by the Investigating Agency during investigation

VINAY

2022.01.07 18:20

I attest to the accuracy of

this order

CRR-1116-2021

- 2 -

including relevant call details, a CD and legible copies of other relevant

documents already stand provided to the petitioner. However, as far as

the CCTV footage, voice sample and statements recorded under Section

161 Cr.P.C. of some persons are concerned, the question of providing

the accused/petitioner, the same does not arise, as they were not

obtained by the Investigating Agency during the course of investigation

and thus, are not part of the final report under Section 173 Cr.P.C.

In addition, a prayer has also been made by the learned

counsel to provide him with the record of further investigation carried

out and a copy of certain relevant letters sent to S.P. Kurukshetra by the

Commanding Officer of the unit of the husband of the complainant.

A perusal of the application filed by the petitioner under

Section 207 Cr.P.C. (annexed as Annexure P-1) before the learned trial

Court, reveals that no such prayer was made before the trial Court.

Hence, this Court would refrain from exercising its revisional

jurisdiction to issue any such directions. However, the petitioner is at

liberty to move an appropriate application in the said regard before the

learned trial Court.

Petition stands dismissed.

06.01.2022

(MANJARI NEHRU KAUL)

Vinay

JUDGE

Whether speaking/reasoned

:

Yes/No

Whether reportable

:

Yes/No

VINAY

2022.01.07 18:20

I attest to the accuracy of

this order