A. Loganathan vs State by Inspector of Police, CB CID

R. Regupathi, J.—The Petitioner is an accused for the offences punishable under Sections 468 and 120B IPC. Pending trial of the case,

witnesses were examined and several documents were marked without furnishing copy of the same to the Petitioner. When an objection has been

raised and a petition was filed seeking for those documents, it was declined by the order dated 23.7.2009 and aggrieved against that the present

petition has been preferred before this Court.

Learned Counsel for the Petitioner submits that without supply of copies u/s 207 Code of Criminal Procedure, the Petitioner could not cross

examine the witnesses and therefore, seeks for supply of the documents relied on by the prosecution.

Learned Additional Public Prosecutor submits that it is the bounden duty of the prosecution to supply prosecution materials and it will be

supplied, if not supplied.

I have perused the materials available on record and heard the submissions on either side.

It is unfortunate that the learned Magistrate has come to a conclusion that those documents, which has been filed before the court and relied on

and marked by the prosecution, need not be given to the Petitioner, since it is not listed documents in the charge sheet. The reason assigned by the

learned Magistrate is erroneous, illegal and contrary to the provisions and against the spirit of 207 Code of Criminal Procedure Therefore, the

order passed by the learned Magistrate is set aside and it is directed that all the documents and materials relied on by the prosecution shall be

furnished to the accused before the conclusion of the trial. The witnesses also may be recalled for cross examination after furnishing copies.

This Criminal Original Petition is ordered accordingly. Consequently, connected miscellaneous petition is closed.