• Sections 173 and 207 CRPC Supplying copies of relied-upon documents as well as un-relied Documents to accused Petitioner faces allegations of having murder Whether accused is entitled to copies of ‘un-relied’ documents/evidence which may have been collected by the investigating agency during the course of investigation but does not intend to rely upon same during the course of trial and are thus, not part of the report under Section 173 Cr.P.C?? – Held, once accused moves application for supply of such documents, Magistrate would be obliged to furnish copies of same to accused – It is only in exceptional cases that instead of providing copy of any document, accused may be permitted to inspection only of such record – Therefore, accused entitled to ask for supply of ‘un-relied’ documents and Magistrate obliged to furnish copies of same unless specific case for exclusion is made out. [Para 17]
Kalyani vs CBI CRMM 8463/23 08/05/23 [ GURVINDER JJ ]
[ PUNJAB HARYANA HIGH COURT ]