C. SURENDRA HEGDE @ C S. HEGDE, S/O. KRISHNAIAH SHETTY Vs. THE STATE BY INSPECTOR OF POLICE ACB, CBI, BANGALORE

JUDGEMENT

(1.) THIS petition is filed seeking to set aside the order dated 03.11.2011 passed by the 32nd Additional City Civil and Session Judge and Special Judge for CBI eases, Bangalore, in Special C.C.No. 67/2010 rejecting the application filed under Section 91 Cr.P.C by the petitioner.

(2.) IT is the case of the petitioner that he is the accused in the said case and that in order to probablise the defense, the documents sought to be summoned are necessary and when an application is filed before the concerned Public Information Officer, an endorsement was given to him stating that the documents relate to personal information and revealing the same would amount to unnecessary evasion of privacy of individuals and same are not in the larger interest of public and hence, the disclosure is unwarranted.

(3.) IT is seen that in the criminal jurisprudence the accused can be given an opportunity to defend himself unless the said opportunity hampers the right of any individual It is the cardinal principle of law that any incriminating materials can be summoned in order to protect the interest of accused to defend himself since the right to defend himself is a fundamental right of any citizen.