GUMAN SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicant/ accused has preferred this petition under Section 482 of Criminal Procedure Code (For short "the Code"), being aggrieved by the order dated 27.11.2012 passed by Special Judge, CBI Jabalpur in Special Case No.13/2009, whereby his application filed under Section 207 of the Code for appropriate direction to the respondent/prosecution to provide him mirror copy of the electronic documents has been dismissed.

(2.) The applicant's counsel after taking us through the averments of the petition as well as the papers placed on record and the copy of the aforesaid application dated 31.10.2012 (Ann. A.2), argued that according to the charge sheet submitted by the prosecution the impugned case is based on number of computer/electronic documents, in such premises the prosecution was duty bound to supply the image copy of such electronic documents, but the same was not given to him. In this regard some prayer was also made to the Court, inspite that same has not been made available to the petitioner in last four years. In the lack of mirror copy of such electronic documents, being related with the computer or laptop and key board, he could not defend his case properly and in such premises his right to defend the case may be prejudiced and prayed for allowing the aforesaid application by setting aside the impugned order by admitting and allowing this petition. He also placed his reliance on a decision of the Single Bench of Delhi High Court in the matter of Dharmbir Vs. Central Bureau of Investigation, 2008 148 DLT 289 delivered on 11th March, 2013. Copy of such judgment referred by the applicant's counsel is taken on record. According to this copy such decision is.

(3.) Having heard the counsel at length keeping in view his arguments we have carefully gone through the petition along with annexed papers, so also the impugned order.