Karnataka HC: According to S. 207 CrPC, Denial of Charge sheet Material to an Accused results in an Unfair Trial

Khushi Bajpai

Published on: 16 August, 2022 at 18:53 IST

Case Title: Chirag R. Mehta V State Of Karnataka

The Karnataka high court has reiterated that a petitioner/accused would become entitled to all copies of the charge sheet material, denial of which would undoubtedly be contrary to the principal of fairness and result in an unfair trial.

A single judge bench of Justice M Naga Prasanna thus allowed the petition filed by Chirag R. Mehta for offences under Section 364A and 506 of the IPC.

Mehta has questioned the order of the additional city civil and sessions judge, Bengaluru, only partly allowing his application under Section 207 (supply to the accused of copy of a police report and other documents of the CrPC seeking copies of the charge sheet documents).

The trial court had declined to furnish copies of documents that are enclosed with the chargesheet on the ground that the investigating officer had not produced them before the court. The application was allowed to the extent of permitting the counsel for the accused to inspect electronic records before the court and directing the matter to be listed for further evidence.

The court referred to the reasons mentioned in the order passed by the trial court for partly allowing the application filed by the accused and said “the afore-quoted reason can hardly be said to be satisfactorily for partly allowing the application under section 207 of the CrPC”.

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