Allowed

Smt Gurpindra Kaur v. State

Rajasthan HC8 Feb 2024CRLMP/1408/2019

Case brief

AI extract

What is this about?

S.B. Criminal Misc(Pet.) suo motu allowed a petition seeking supply of specific documents from the charge-sheet. The High Court quashed impugned orders and directed the lower court to supply the documents within two weeks.

What did the court decide?

Impugned orders quashed; Additional Chief Judicial Magistrate directed to supply documents mentioned at serial No. 21 and 26 in the charge-sheet within two weeks.

Smt Gurpindra Kaur Vs State — Civil Procedure and Limitation | Rajasthan HC (2024)

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[2024:RJ-JD:6771]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 1408/2019

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Smt Gurpindra Kaur Spouse/o Jasmat Singh, Aged About 36 Years, Resident Of Kaminpura, Police Station Kesrigsinghpur, District Sriganganagar (Rajasthan)

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Sushil Kumar S/o Ram Chandra, Aged About 45 Years, Resident Of Ward No.14, Purani Sabji Mandi Road, Sri Ganganagar (Rajasthan)

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----Petitioners

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Versus

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State, Through Pp 2. Major Singh S/o Gujar Singh, Resident Of Chak Kameenpura, Tehsil Sri Karanpur, District Sriganganagar (Raj).

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----Respondents

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For Petitioner(s)	: Mr. Devender Singh Dev
For Respondent(s)	: Mr. Arun Kumar, PP
	Mr. DS Gharsana

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS

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Order

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08/02/2024

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The present criminal miscellaneous petition under Section 482 of CrPC has been preferred by the petitioners against the order dated 11.01.2019 passed by the learned Additional Sessions Judge, Sri Karanpur, District Sri Ganganagar in Criminal Revision Petition No. 24/2018, whereby the learned Additional Sessions Judge has upheld the order dated 02.04.2018 passed by the learned Additional Chief Judicial Magistrate, Sri Karanpur in Criminal Case No. 23-A/2017, whereby the application filed by the petitioners under Section 207 of CrPC was dismissed and the

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prayer to supply the copies of complete charge-sheet to the petitioners for the purpose of fair trial was rejected.

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Learned counsel appearing for the petitioners submits that though the petitioners have been supplied certified copy of the charge-sheet, but they have not been supplied with other documents mentioned at serial No. 21 and 26 of the list of documents of charge-sheet and therefore, the learned Additional Chief Judicial Magistrate, Sri Karanpur may be directed to supply the same to the petitioners.

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Learned Public Prosecutor as well as learned counsel appearing for the complainant opposed the prayer made by the petitioners and submitted that the learned Courts below have rightly passed the impugned orders.

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Heard learned counsel for the parties and perused the material available on record.

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A perusal of the impugned orders shows that the learned revisional Court has noted the fact that on 28.11.2016, the charge-sheet was filed against the petitioners and the copy thereof was supplied to them. It is further noted by the learned revisional Court that the petitioners have not raised any objections for at least one year that they had not been supplied the copies of aforesaid documents.

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It is a cardinal principle of law that any document, which is being used against the accused by the prosecution, copy thereof is required to be supplied to him, so that the accused person may be able to defend his case.

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Therefore, the present miscellaneous petition is allowed. The impugned orders dated 11.01.2019 and 02.04.2018 passed by

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learned Courts below are hereby quashed and set aside and the learned Additional Chief Judicial Magistrate, Sri Karanpur is directed to supply documents mentioned at serial No. 21 and 26 in the charge-sheet to the petitioners within a period of two weeks from the date of receipt of the certified copy of this order.

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A Copy of this order be sent to the learned trial Court for necessary compliance.

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(MADAN GOPAL VYAS),J

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560-manila/-

Smt Gurpindra Kaur v. State

Case brief

What is this about?

What did the court decide?

Smt Gurpindra Kaur v. State

Case brief

What is this about?

What did the court decide?

What the court decided

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