2025 (7) TMI 485

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....sions Trial No.29 of 2024, titled 'Directorate of Enforcement v. Banmeet Singh' arising out of ECIR/DNSZO/04/2023 dated 24.07.2023 pending adjudication before the learned District & Sessions Judge, Dehradun District Courts, Dehradun to examine the record and exercise powers of revision; and B. Set aside and quash the order dated 13.12.2024 passed by the Ld. District & Session Judge, Dehradun District Courts, in Spl. Sessions Trial No.29 of 2024, titled 'Directorate of Enforcement v. Banmeet Singh' arising out of ECIR/DNSZO/04/ 2023 dated 24.07.2023, for which act of kindness, the Applicant shall ever pray; and C. Direct the Respondent to comply with the order dated 09.08.2024 passed by the learned Trial Court and supply co....

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.... avail the right of fair trial as observed by Hon'ble Supreme Court in the judgment titled Manish Sisodia v. Directorate of Enforcement bearing SLP (Criminal) No.8772 of 2024. 3. The learned counsel for the revisionist submitted that in spite of the clear bar under Section 403 of the BNSS Act prohibiting Criminal Courts to alter its own judgment, the learned Special Court below vide order dated 13.12.2024 had committed grave irregularity by recalling its own order dated 09.08.2024, whereby, the respondent was directed to provide legible copies of certain documents, which form part of prosecution's complaint and also any other document collected during the investigation. 4. Learned counsel for the revisionist vehemently argued that in ....

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....or the production of any document or thing in accordance with Section 233(3) of the CrPC (Section 256(3) of the BNSS). At this stage, he can also apply for the production of a document or a thing that is in the custody of the prosecution but has not been produced. A fair trial is a part of the right guaranteed to an accused under Article 21 of the Constitution. The right to a fair trial of the accused includes the right to defend. The right to defend consists of the right to lead the defence evidence by examining the witnesses and producing the documents. Therefore, the accused is entitled to exercise his right at the stage of entering upon defence by compelling the prosecution or a third party to produce a document or a thing in their poss....