The High Court quashed an order denying additional documents to the accused, directing the trial court to decide which papers fall under Section 207 Cr.P.C. and supply them before the charge stage.
The quashing application was disposed of and the case sent back to the trial Court to decide the matter afresh.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Patna High Court Cr.Misc. No.8597 of 2011 (08) dt.19-08-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.8597 of 2011
====================================================== Dilip Kumar .... .... Petitioner/s Versus The State Of Bihar Through The .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. M. S. Hoda- Advocate For the Opposite Party/s : Mr. Ramakant Sharma-L.W.,Vig. ====================================================== CORAM: HONOURABLE MR. JUSTICE MANDHATA SINGH ORAL ORDER 08 19-08-2013 This is an application for quashing the order dated 24.01.2011 passed by the learned Special Judge, Vigilance (Trap) Patna in Special Case no.21 of 2009 arises out of Patna Vigilance P. S. Case no.41 of 2009 under Section 207 of the Cr.P.C.
Heard learned counsel for the petitioner and learned counsel for the opposite party.
It is admitted to the parties that accused-petitioner is entitled for copy of the police report and other documents enumerated under Section 207 of the Cr. P. C. By filing petition dated 23.04.2010, some documents are sought to be supplied to accused-petitioner, impugned order speaks about supply of all the papers covered under Section 207 of the Cr. P. C. and rest are not relevant to be supplied for the purpose of charge. For the purpose of charge appears a vague term, papers which can be supplied to accused-petitioner is enumerated under Section 207 of the Cr. P. C. only. There is no further stage at which papers can be supplied to the accusedpetitioner. So, it is for the trial Court to decide first what is nature of papers requested to be supplied if cover under Section 207 of the Cr. P. C., they should be supplied to the petitioner. But it is for the trial Court to first decide
Patna High Court Cr.Misc. No.8597 of 2011 (08) dt.19-08-2013
the papers for which accused-petitioner is entitled to be supplied.
With this direction, this quashing application is disposed of. The case is sent back to the trial Court to decide the matter afresh.
(Mandhata Singh, J) Vikash/ N.A.F.R.
1 issue framed by the court
Whether documents claimed by the accused should be supplied including those not enumerated under Section 207 of Cr.P.C.
1 provisions across 1 enactments
Dilip Kumar
The State Of Bihar
Mandhata Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
