Brijpal Singh @ B.P. Singh vs Union Of India

Heard Mr. Shailesh Kumar Singh, learned counsel for the petitioner.

Heard Mr. Rohit Sinha, learned counsel appearing on behalf of the opposite party- C.B.I.

This petition has been filed for quashing of the order dated 14.03.2019 passed in R.C. Case No. 09(A)/1997(D) by Court of learned Spl. Judge,

CBI, Ranchi whereby and whereunder the said learned court has been pleased to refuse the prayer of the petitioner for supply of certain documents

which find mention in the charge sheet.

Learned counsel for the petitioner submits that a detailed petition was filed by the petitioner dated 25.08.2015, as contained in Annexure-14 of this

petition, seeking certain documents which are with the opposite party and a part of the police paper.

The learned counsel for the petitioner further submits that the learned court below has rejected the said prayer vide impugned order dated

14.03.2019 by referring to the earlier order dated 28.01.2019 passed in the case of co-accused, who had also made prayer for supply of certain

documents. He submits that the order dated 28.01.2019 passed in the case of co-accused has been set-aside in Cr.M.P. No. 780 of 2019 vide order

dated 18.07.2019 by this Court and a liberty was given to the petitioner of the said case to file application giving details of the documents which were

supplied or not supplied as police paper. The learned counsel submits that since a detailed petition was filed referring to the detail of the documents

required by the petitioner, the C.B.I. ought to have given a specific reply to that petition either supplying those documents or indicating the reasons for

non-supply. The learned court below ought to have called for a reply to such petition instead of rejecting the same by referring to earlier order passed

in the case of co-accused and which has been set-aside by this Court. The learned counsel also submits that the documents asked for are part of the

investigation conducted by C.B.I.

The learned counsel for the opposite party, on the other hand, does not dispute that the order dated 28.01.2019 has been set-aside by this Court in

Cr.M.P. No. 780 of 2019 vide order dated 18.07.2019. However, he submits that if the matter is remitted to the learned court below, the C.B.I. shall

file a reply either giving those documents or indicating the reason why such documents need not be supplied. He also submits that if required, the

C.B.I. may while indicating the reason for non-supply may also allow inspection of the documents as per law. The learned counsel submits that if any

document has been supplied earlier, the same need not be supplied again.

Considering the submissions made by the learned counsel for the C.B.I., the impugned order dated 14.03.2019 passed in R.C. Case No.

09(A)/1997(D) by Court of learned Spl. Judge, CBI, Ranchi is hereby set-aside and the matter is remitted back to the learned court below to pass a

fresh order on petition dated 25.08.2015 said to have been filed by the petitioner as contained at Annexure-14 to this petition after seeking a reply from

the C.B.I. The learned court below is directed to pass an appropriate order after hearing both the parties on the said petition dated 25.08.2015

(Annexure-14) as expeditiously as possible and latest.

It is made clear that this Court has not gone into the so-called right of the petitioner to receive any of the documents mentioned in petition dated

25.08.2015 and it will be open to the learned court below to pass a fresh order in accordance with law.

Parties are directed to appear before the learned court below on 26.02.2020 and upon their appearance the learned court below will proceed in

accordance with law.

This petition is disposed of with aforesaid observations.

Let a copy of this order be communicated to the learned court below through “FAXâ€​.