KALYANI SINGH Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The petitioner, in addition to assailing the commitment order dtd. 4/2/2023 (Annexure P-1), assails the following four orders passed by learned Special Judicial Magistrate, CBI, Chandigarh, all of which pertain to furnishing of copies of 'relied-upon' documents as well as 'un-relied' documents, in compliance of provisions of Sec. 207 Cr.P.C. :

(2.) The petitioner faces allegations of having murdered Sukmanpreet Singh @ Sippy Sidhu on 20/9/2015. The matter was initially investigated by the Chandigarh Police but subsequently the investigation was transferred to CBI vide order dtd. 15/1/2016, passed by Administrator, Chandigarh. During the course of investigation, the Chandigarh Police as well as CBI police collected evidence in the shape of statements of witnesses, documents, digital data (from mobile phone and laptop of deceased). Initially, a report in terms of sec. 173(2) Cr.P.C. in the shape of an 'untraced' report dtd. 7/12/2020 (Annexure P-9) was presented in the Court of Special Judicial Magistrate, Chandigarh, by the CBI on 7/12/2020 but the Court did not treat the same as untraced and vide order dtd. 14/12/2020, while granting permission to further investigate the matter, directed CBI to file fresh report upon conclusion. A protest petition had also been filed by de-facto complainant i.e. the mother of deceased.

(3.) Thereafter, an application was moved by the petitioner seeking issuance of a direction to the CBI to supply all the documents relied upon by the CBI 3w0 hile submitting 'untraced report' dtd. 7/12/2020 including statements of all witnesses recorded under Sec. 161 Cr.P.C. as well as electronic data. The trial Court, however, did not accede to the said request, while observing that investigation was still underway and that it was only upon conclusion of investigation and filing of report under Sec. 173 Cr.P.C. that copies of such documents could be furnished to the petitioner/accused. The relevant extract from said order dtd. 22/6/2022 (Annexure P-21) is reproduced herein-under:-