MURARI PRASAD AWASTHI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THE aforesaid two petitions (i.e.Cr.M.P.No.444 & 445 of2011) are being disposed off by a common order as common question of law and fact arises for consideration. THE applicant is facing trial for commission of offence under Section 406 of the I.P.C. under Crime No.08/2008 pending in the Court of Judicial Magistrate First Class, Rajnandgaon and also for alleged commission of offence under Section 379 of the I.P.C. under Crime No.280/2007 pending in the same Court.

(2.) THE applicant was arrested by the Dongargaon Police on 03 -04 -2008 on the allegation of commission of offence under Section 379, 392, 406, 394 and 397 of the I.P.C. and four different cases were registered leading to filing of four charge sheet. In one, out of four cases, after filing of the charge sheet, the case was committed to the Court of Sessions Judge, which was registered as Sessions Trial No.117/2008 alleging commission of offence under Section 394, 397 of the I.P.C., wherein the applicant has been acquitted vide judgment dated 08 -12 -2009 passed by the 1st Additional Sessions Judge, Rajnandgaon. In both the above cases, charge sheet was filed on 23 -06 -2008. However, right from the beginning, the applicant has been agitating grievance by making application before the Court for direction to the Prosecution to supply legible copy of documents along with charge sheet. On 13 -08 -2008, the learned Magistrate directed the prosecution to supply legible copy of documents to the applicant. THE applicant's case was thereafter listed on 28 -08 -2008 for ensuring compliance and committal. On that day, the applicant moved an application in the two cases for supply of legible copy of certain documents. In his application (Annexure A -2 in Cr.M.P.No.444 of 2011), the applicant specifically stated regarding the documents which were not legible and prayed for supply of legible and readable copies of those documents supplied along with the charge sheet. In Cr.M.P.No.445 of 2011 also, the applicant also moved an application (Annexure A -2) dated 28 -08 -2008 for supply of legible copies of the documents referring to the pages of the charge sheet as also requesting for supply of legible copies of some other documents. On 28 -08 -2008, an order was passed directing the prosecution to supply clear and legible true copies of those documents, which are not legible. According to the applicant, even on the next date, documents were not supplied. Both the cases were thereafter listed on 14 -10 -2008. On that date, some of the documents were supplied to the applicant and for supply of legible copies of the rest of the documents, time was sought by the prosecution and case was again listed on 24 -10 -2010. On that date, the applicant again agitated that even after the order of the Court, legible copies of all those documents, which are stated to be not legible earlier, are not being supplied, and therefore, proceedings for non -compliance of Court order dated 13 -08 -2008 be initiated. He also prayed that the legible copies of the requisite documents be supplied. On 24 -10 -2010, the Court passed an order after recording that complete legible copies of documents have been supplied. It is the case of the applicant that on 07 -11 -2008, the applicant again preferred an application under Section 207 of the Cr.P.C. stating that the prosecution has misled the Court as legible copies of the documents have not been supplied. THEreafter, the case was listed on several dates. When the remaining legible copies of the documents were not supplied, another application was moved by the applicant on 20 -03 -2009. On 09 -12 -2010, the Court passed an order (Annexure A -6) directing that the applicant should be supplied all the legible copies of the documents in compliance of Court order dated 13 -08 -2008, except those legible copies of documents, which have been supplied to the applicant on 14 -10 -2008. It is the case of the applicant that thereafter, instead of providing legible copies of the documents as demanded by the applicant, the prosecution supplied to the applicant copies of those documents as filed along with the charge sheet, which were wholly illegible. It was not the case of the applicant that the documents have not been supplied, the grievance of the applicant was that the legible copies of the documents have not been supplied, and further, mere supply of photocopies of the documents would not meet the requirement of law as also the compliance of the Court order. However, vide order dated 28 -12 -2010, the learned Magistrate rejected the applicant's application recording that the documents whose legible copy has been demanded has already been supplied to the applicant, and further that, in view of the case of the applicant that the original documents filed along with the charge sheet are not legible and prays for supply of documents after making those copies legible, prayer is liable to be rejected.

(3.) ON the other hand, learned State counsel submitted that a perusal of order dated 24 -10 -2008 (Annexure A -5) shows that the Court was satisfied that legible copies of all the documents were supplied to the applicant. He further submits that in Court order dated 28 -12 -2010 also, it has been recorded that the documents as filed along with the charge sheet have been supplied to the applicant and it has been correctly held that the applicant's prayer for supply of legible copies of those documents, which are not legible in its original, as filed along with the charge sheet, cannot be accepted and supply of copy of the documents in the charge sheet as filed in the Court is sufficient compliance of the requirement of law under Section 173 and 207 of the Cr.P.C.