DEEPAK KUMAR CHAKRABORTI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Petitioner herein is facing trial for offence punishable under Sections 376, 506, 509-B of the IPC and Sections 66(E) and 67(F) of the Information Technology Act, 2000 which is pending consideration before the Court of Additional Sessions Judge (FTC), Bilaspur wherein he filed an application on 27/07/2019 for providing copy of the seized CD (compact disk) and pen drive as well as copy of victim's statement under Section 164 of the Cr.P.C. On the same day, learned trial Court passed the impugned order (Annexure A/1) and directed the Assistant Sub-Inspector of Police, Mahila Thana, Bilaspur to provide the copy of the said seized CD and pen drive to the petitioner/accused, but declined to grant victim's statement to him recorded under Section 164 of the Cr.P.C. Thereafter, on 26/08/2019, inability was expressed on behalf of the prosecution to provide the copy of the said CD and pen drive to the petitioner/accused on the ground that the said documents are confidential in nature against which the present petition under Section 482 of the Cr.P.C. has been preferred by the petitioner/accused.

(2.) Mr. Rajeev Kumar Dubey, learned counsel for the petitioner would submit that since the CD and pen drive have been seized, therefore, he is entitled to get the copy of the said CD as well as the pen drive and it cannot be refused on the ground of confidentiality of the said documents as these articles would be a document for the purpose of Section 207 of the Cr.P.C.

(3.) Mr. Ravi Bhagat, learned State counsel would support the impugned order.