PRASHANT JAISWAL Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Shri Sudarshan Singh, learned counsel for the applicant and learned A.G.A. for the State.

(2.) Challenge has been raised to the order dtd. 21/11/2022 passed by the learned court below on Paper No. 10-Kha in Session Trial No. 699 of 2022 (State Vs. Prashant Jaiswal), arising out of Case Crime No. 54 of 2021, under Ss. - 376, 323, 504, 506 I.P.C. By that order, the learned court below has rejected the application moved by the applicant/accused person. It has thus refused to make available to the applicant a clone copy of the data available on a pen drive submitted by the Investigating Officer as part of the case diary.

(3.) Submission of learned counsel for the applicant is, the clone copy of the pen drive is necessary to be provided to the applicant to allow him a fair opportunity to confront the prosecution witness with certain parts thereof. Inasmuch as the data on that pen drive is not material referable to Sec. 173 (6) of the Cr.P.C., rather, it appears to be data referable to Sec. 173 (5) Cr.P.C., the accused has a perfect right to be supplied a copy of the same in the interests of a fair trial which is directly referable to his fundamental right.