TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
When case Id is present, search is done only for this
of 
of 
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of of 
All Case Laws
of of All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of <h1>Court orders CBI to provide witness statements and documents for defense, emphasizing fair trial and access to evidence.</h1> <h3>ASHUTOSH VERMA Versus CBI</h3> ASHUTOSH VERMA Versus CBI - TMI Issues Involved:1. Legality of the trial court's order dated 01.11.2013 regarding the supply of documents and witness statements.2. Petitioner's right to access all statements and documents collected during the investigation.3. Interpretation and application of Sections 173 and 207 of the Code of Criminal Procedure (Cr.P.C.).Detailed Analysis:1. Legality of the Trial Court's Order:The petitioner challenged the order dated 01.11.2013 by the Special Judge (PC Act), CBI-02, Patiala House Courts, New Delhi, which partly allowed the petitioner's application under Section 207 Cr.P.C. The order directed that only certain documents and witness statements be provided to the petitioner while denying others. The trial court's decision to review its previous order dated 03.06.2013, which directed the CBI to supply all documents seized during the investigation, was deemed impermissible in law.2. Petitioner's Right to Access All Statements and Documents:The petitioner argued that the CBI had concealed relevant material by not providing complete statements of witnesses recorded multiple times and certain documents seized during the investigation. The petitioner cited judgments, including 'S.J. Chowdhary vs. The State' and 'Dharambir vs. Central Bureau of Investigation,' to assert that the CBI is obligated to supply all witness statements recorded during the investigation unless explicitly exempted by the Magistrate under Section 173(6) Cr.P.C.3. Interpretation and Application of Sections 173 and 207 Cr.P.C.:The court examined Sections 173 and 207 of Cr.P.C., emphasizing that after completing the investigation, the investigating officer must forward a detailed report to the Magistrate, who then decides whether to take cognizance of the offense. Section 207 mandates that the Magistrate furnish the accused with copies of the police report, FIR, statements recorded under Section 161(3) Cr.P.C., confessions, and any other documents forwarded with the police report. The court highlighted that the Magistrate must ensure all necessary documents are provided to the accused for a fair trial.The court noted that the prosecution cannot withhold statements or documents that might be vital for the accused's defense. The court emphasized the importance of fair and just investigation and the accused's right to access all evidence collected during the investigation. The court ruled that the petitioner's request for additional documents and witness statements was justified and directed the CBI to supply the requested materials.Conclusion:The court allowed the petition, directing the CBI to provide the petitioner with the statements of specific witnesses and documents necessary for the petitioner's defense. The court underscored the principle that an accused must have access to all evidence to ensure a fair trial and effective defense. The petition was disposed of, and the related application was dismissed as infructuous.
TaxTMI 