GURMEET RAM RAHIM Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The present petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'the Cr.P.C.') for quashing of impugned order dated 05.05.2018 (Annexure P-1) passed by the Special Judicial Magistrate, CBI Haryana at Panchkula in FIR.No.RC1(S)/2015 SCU.V/SCII/CBI/New Delhi dated 07.01.2015 under Sections 120- B/326/417/506 of the Indian Penal Code, 1860, Police Station SCII/CBI New Delhi. A further prayer has also been made that the proceedings before the trial Court be stayed during pendency of this petition.

(2.) Briefly, the facts of the case as made out in the present petition are that the petitioner filed an application under Section 91 read with Section 207 Cr.P.C. before the trial Court, which has been dismissed vide impugned order dated 05.05.2018 (Annexure P-1) which is subject matter of challenge in the present petition.

(3.) Learned counsel for the petitioner submits that all the documents collected by the investigating agency during the course of investigation have not been supplied to the accused/petitioner only on the ground that those documents have not been relied upon by the prosecution, whereas the same is violative of right of fair trial. Learned counsel also submits that in view of ratio of law laid down by Hon'ble the Apex Court in number of judgments, an accused is entitled to be given fair opportunity, which is necessary for fair trial and same cannot be ignored. Learned counsel further submits that the right of accused with regard to disclosure of documents may be limited but it is codified and is the very foundation of a fair investigation and trial. Learned counsel also submits that certain rights of the accused flow both from the codified law as well as from equitable concepts of the constitutional jurisdiction and in failure thereof a substantial variation to such procedure would frustrate the very basis of a fair trial.