In an application under Section 482 Cr.P.C., the High Court directed the learned Sessions court to provide copies of prosecution papers to the applicants within 30 days to ensure compliance of Section 207 Cr.P.C. and avoid prejudice.
Directed the learned trial court to provide copies of prosecution papers to the applicants within 30 days.
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Neutral Citation No. - 2024:AHC:142712
Court No. - 82
Case :- APPLICATION U/S 482 No. - 24952 of 2024
Applicant :- Arun Kumar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kunwar Bahadur Srivastava,Prakhar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicants as well as learned A.G.A. for the State and perused the material on record.
This application has been filed with a prayer to allow this application and set aside the order dated 10.08.2023 passed by A.C.J.M. Ist Bijnor, whereby he has taken the cognizance of offences under Sections 307, 120B, 34 I.P.C. and summoned the accused applicants for facing the trial in pursuance to the charge-sheet no. 207-A dated 31.03.2020 submitted in Case Crime No. 246 of 2019. Further prayed to quash the entire proceeding of Sessions Case No. 1047 of 2024 (State Vs. Arun Kumar and another) pending in the court of Additional Session Judge POCSO Act, Bijnor and also further prayed to stay the further proceedings of Sessions Case No. 1047 of 2024 (State Vs. Arun Kumar and another) in pursuance of the charge-sheet no. 207-A dated 31.03.2020 against the applicants submitted in Case Crime No. 246 of 2019 under Sections 307, 120B, 34 I.P.C. pending in the court of Additional Session Judge POCSO Act, Bijnor during the pendency of the present application.
It is submitted by learned counsel for the applicants that in the first charge sheet applicants were not involved but supplementary charge sheet was filed by the police as charge sheet no. 207A/ 2020 on which cognizance was taken before the learned court of Magistrate and without making compliance of Section 207 Cr.P.C. case was committed to the learned court of Session. Since the applicants were not provided with the prosecution papers in compliance of Section 207 Cr.P.C. that was the reason they were not in position to prepare for prayer for discharge in view of provisions as contained under Section 227 Cr.P.C. regarding which they moved an application 7(Kha) before the learned court of Sessions which was also rejected by order dated 06.06.2024 in Sessions Trial No. 1047 of 2024 but essential papers were not provided. He also submits that the order sheet of the learned court of Magistrate only gets mention of the fact that after compliance of Section 207 Cr.P.C. case is committed to the learned court of Session but there is no any endorsement on the part of applicants or their counsel about receiving of prosecution papers in compliance of Section 207 Cr.P.C. and in real sense no such papers were provided to them, therefore, request to direct the learned court of Sessions to provide the essential prosecution papers on which the case is relied to
the applicants in compliance of Section 207 Cr.P.C.
Learned A.G.A. opposed the prayer as aforesaid and contended that the order dated 26.04.2024 passed by the learned A.C.J.M. Ist itself gets mention that accused persons were provided the copies of prosecution papers under Section 207 Cr.P.C. and also contends that in the application moved by the applicants before the learned court of Session some documents were also requested to be summoned in view of Section 91 Cr.P.C. which could not be supplied at this stage, therefore, application was rejected.
On considering the submissions made by learned counsel for the applicants as well as learned A.G.A. and perusal of order sheet of learned court of A.C.J.M. Ist and the order passed by the learned Sessions court on 06.06.2024 on application no. 6 Kha and 7 Kha, it appears that the cognizance of offences against the applicants was taken by the learned court of Magistrate on the basis of supplementary charge sheet and case was committed to the learned court of Sessions for trial after providing copies of prosecution papers under Section 207 Cr.P.C. as per order dated 26.04.2024 but the order sheet shows that no any such endorsement was made either by the applicants/accused persons or by their counsel on the order sheet that copies were received by them though signature of both the applicants are present there. An application paper no. 6 Kha and 7 Kha was moved before the learned court of Session in this regard and further with request to summon some documents and that application was rejected on 06.06.2024 but no any order for providing copies of prosecution papers on which prosecution was to rely its case were directed to be provided to them. In such circumstances it is in the interest of justice and to avoid prejudice to be caused to the applicants, learned trial court is hereby directed to provide the copies of prosecution papers to the applicants on which it relies its case, in case, an application is moved by them before the learned court within a period of 30 days from today.
Accordingly, this application is disposed of finally.
Order Date :- 3.9.2024 Suraj Srivastav
Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the trial court directed to provide prosecution papers to applicants in compliance of Section 207 Cr.P.C.
2 provisions across 2 enactments
Arun Kumar
Subhash Chandra Sharma
As recorded by the court registry
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