Mohd Asad Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Mohd Asad Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Impugned order dated 18.10.2024 quashed; court concerned directed to furnish a copy of the police report and other documents under Section 207 Cr.P.C. to the applicants within two weeks from the date of production of a certified copy of the order.

Issue for consideration

Whether the order dated 18.10.2024 passed by the Additional Sessions Judge, Court no.9, Prayagraj in Special Session Trial No.2126 of 2023, rejecting the applicant's application under Section 207 Cr.P.C. for supply of copy of the chargesheet/police report, is liable to be quashed. +1 more

Court's answer

The trial court's reason for refusal - that other accused had already received copies and filed a discharge application - is not based on sound reasoning; consequently the impugned order dated 18.10.2024 is liable to be quashed.

Ratio / Principle

For fair trial and in the interest of natural justice, a copy of the chargesheet/police report must be provided to the accused persons, and such a claim cannot be refused in an arbitrary manner.

Key takeaways

The application under Section 482 Cr.P.C. is allowed and the court concerned is directed to furnish a copy of the police report and other documents under Section 207 Cr.P.C. to the applicants within two weeks from the date of production of a certified copy of the order.ratio¶10

Detailed headnote1 paragraphs

Criminal - Quashing (S.482 Cr.P.C.) - Supply of copies to accused (S.207 Cr.P.C.) - Order dated 18.10.2024 of Additional Sessions Judge, Court no.9, Prayagraj in Special Session Trial No.2126 of 2023, rejecting applicant's application for copy of chargesheet/police report, quashed - Held: for fair trial and in the interest of natural justice, copy of the chargesheet/police report must be provided to the accused; the claim cannot be refused in an arbitrary manner; the trial court's view that the prayer could not be accepted because other accused had received copies and filed a discharge application is not based on sound reasoning - Court concerned directed to furnish copy of police report and other documents under S.207 Cr.P.C. within two weeks of production of certified copy - Application under S.482 Cr.P.C. allowed (Deepak Verma, J.; decided 25.4.2025; Neutral Citation 2025:AHC:63843).

Neutral Citation No. - 2025:AHC:63843

Court No. - 84

Case :- APPLICATION U/S 482 No. - 40510 of 2024 Applicant :- Mohd Asad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

Heard learned counsel for the applicants and learned A.G.A. for the State.

The present 482 Cr.P.C. application has been filed to quash the order dated 18.10.2024 passed by Additional Sessions Judge, Court no.9, Prayagraj in Special Session Trial No.2126 of 2023 by which applicant's application under Section 207 Cr.P.C. has been rejected.

Learned counsel for the applicant submitted that as per provision of Section 207 Cr.P.C. the Magistrate shall without delay furnish a copy of the chargesheet and material evidence and evidence collected during investigation to the accused, free of cost. He next submitted that the applicant is in jail. He has not been provided copy of the chargesheet and proceedings were initiated. Whole proceeding is illegal and arbitrary.

Learned A.G.A. has not opposed the submission of learned counsel for the applicant.

Considered the arguments of learned counsel for the parties. For fair trial and in the interest of natural justice, it is necessary that copy of the chargesheet/police report must be provided to the accused persons. An innocuous prayer has been made to provide copy of the chargesheet/police report. In the interest of justice, as per provisions provided under Section 207 Cr.P.C.copy of the chargesheet must be provided. The claim of the applicants cannot be refused in arbitrary manner. Prayer of the applicants appears to be genuine one. Learned trial court observed that since other accused has received copy and filed discharge application before the trial court then the applicants' prayer for getting copy of chargesheet/police report cannot be accepted as is not based on any sound reasoning.The impugned order dated 18.10.2024 is liable to be quashed.

Hence, the impugned order dated 18.10.2024 is hereby quashed.

This application under Section 482 Cr.P.C. is accordingly allowed .

Court concerned is directed to furnish a copy of the police report and other documents under Section 207 Cr.P.C. to the applicants within two weeks from the date of production of certified copy of this order.

Order Date :- 25.4.2025

Asha

Digitally signed by :- ASHA High Court of Judicature at Allahabad