The Allahabad High Court while directing that no coercive action against Congress leader and Rajyasabha MP Randeep Singh Surjewala till the disposal of his application before the Varanasi Court to provide him with Legible documents including the charge sheet in the 23-year-old case of damage to public property.
A Single Bench of Justice RajBeer Singh passed this order while hearing an application filed by Randeep Singh Surjewala.
The application under Section 482 Cr.P.C has been filed by the applicant for quashing of proceedings of case under section 147/ 332/ 353/ 336/ 333/ 427 IPC, section 7 Criminal Law Amendment Act and section 3 of Prevention of Damage to Public Property Act, Police Station Cantt, District Varanasi, Pending in the court of Additional Sessions Judge / Special Judge, M.P/M.L.A Court, Varanasi.
Further Prayer has been made for quashing of order dated 28.06.2023 and 01.07.2023, passed in aforesaid case by the Trial Court, and for direction to the aforesaid Court to provide legible & readable documents along with charge sheet under section 207 CrPC, in compliance of order dated 17.04.2023 passed by the Apex Court, as well as the order dated 08.06.2023, passed by the Court.
It has been argued by Senior Advocate appearing on behalf of the applicant that applicant is accused in the aforesaid case and earlier he has filed an application under Section 482 Cr.P.C for quashing the proceedings of the case, which was disposed of by this Court vide order dated 20.03.2023, wherein, the prayer for quashing of the entire proceedings was refused. However, it was directed that in case an applicant files an application for discharge before the court below through counsel within a period of two weeks, the same shall be considered and decided expeditiously within a period of 6 weeks.
The applicant challenged the said order before the Apex Court by filing S.L.P, which was disposed of by the Apex Court vide order dated 17.04.2023, wherein, trial judge was directed to ensure that a legible copy of the charge sheet is supplied to the petitioner and after such copies are supplied, the trial judge would hear the petitioner’s application for discharge in accordance with law.
Senior Advocate pointed out that in compliance with the direction of the Apex Court, papers of charge sheet were supplied to the counsel for the applicant on 18.05.2023 but the same were not legible. The applicant has filed an application seeking legible copies, which was disposed of by the Trial Court vide order dated 31.05.2023 by observing that in compliance of the direction of the Apex Court, the copy of charge sheet has already been supplied to the counsel for the applicant on 18.05.2023.
It is further submitted that the applicant has filed a petition under Article 227 of Constitution of India before the Court, which was disposed of vide order dated 08.06.2023 and the trial court was again directed to provide legible copies of charge sheet, along with documents filed with it, to the applicant/accused. In compliance with the order dated 08.06.2023, the trial court has passed an order dated 09.06.2023, wherein, the trial judge has directed the office to supply the copies of documents in compliance with order dated 07.04.2023 passed by the Apex Court.
It was submitted again that the copies of the charge sheet and the documents were supplied to counsel for the applicant on 23.06.2023 but the same were not legible. Thereafter, the applicant has again filed an application seeking a legible copy of the charge sheet along with appended documents. The said application was rejected vide impugned order dated 28.06.2023 by holding that legible copies of charge sheet and relevant documents have already been provided to the applicant/ accused.
The applicant has filed yet another application stating that copies of several documents, which are supplied to the counsel for applicant, are dim, illegible and not readable and thus, a prayer was made to supply legible and readable copies of documents filed along with the charge sheet. That application was rejected by the trial court vide impugned order dated 01.07.2023.
Referring to above stated facts, it is submitted by Senior Counsel that despite the direction of the Apex Court as well as by the Court, the legible copies of the documents, which are part of the charge sheet, have not been supplied. In absence of legible copies of such documents, the applicant cannot avail his right of seeking discharge.
It was submitted that in view of the aforesaid facts, it is apparent that the impugned orders are liable to be quashed as the trial court may be directed to supply legible copies of the documents, forming the part of the report under section 173(2) CrPC. Again an application was moved on behalf of the applicant on 01.07.2023 for supply of legible copies and specifying the documents, which are not legible but the legible and readable copies were not supplied.
P.C Srivastava, Additional Advocate General submitted that the case in question relates to the year 2000 and the proceedings of the case are being delayed on technical grounds. The legible copies of the documents forming part of the charge sheet have already been supplied to the applicant. It was pointed out that from the orders, including order dated 23.06.2023, passed by the trial court, it is apparent that legible copies of the documents have been provided to counsel for the applicant. It was further submitted by the Additional Advocate General that the application has been filed with intention to delay the proceedings of the case.
The Court said that so far the prayer for quashing of proceedings of aforesaid case is concerned, the same prayer was also made in application under Section 482 Cr.P.C, wherein, by order dated 20.03.2023, the prayer for quashing of the proceedings was refused. Thus, a second petition with the same prayer is not maintainable. Hence, the prayer for quashing of proceedings is refused.
The Court noted that,
So far the impugned orders are concerned, it transpires from record that earlier while deciding the application under Section 482 Cr.P.C vide order dated 20.03.2023, the Court has directed that in case applicant files an application for discharge before the Trial court through counsel within a period of two weeks, the same shall be considered and decided expeditiously within a period of 6 weeks.
The applicant challenged the said order before the Apex Court by filing petition, which was disposed of by the Apex Court vide order dated 17.04.2023, wherein, the Trial judge was directed to ensure that legible copy of the charge sheet is supplied to the petitioner and after such copies are supplied, the Trial judge would hear the petitioner’s application for discharge in accordance with law.
“From above mentioned sequence of events, it appears from the orders passed by the Trial Court, that in view of the Trial Judge the legible copies of the charge sheet along with all documents forming part of it have been supplied to the applicant/ accused, whereas, the case of the applicant / accused is that the copies of several documents supplied by the Trial Court are not legible.
Senior Counsel for the applicant has referred copies of certain documents, annexed and pointed out that the same are not legible. It appears that these documents are part of a case diary. It may be mentioned here that the direction of the Apex Court as well as by this Court has to be complied with in letter and spirit. The copies of the charge sheet along with documents forming part of it have to be reasonably legible. The applicant/ accused is also cautioned that matter must not be lingered on the basis of technicalities”, the Court observed while disposing the petition.
In view of aforesaid, the Court directed that in case the applicant/ accused files an application within a period of eight days before the Trial Court, clearly specifying such copies supplied, which are not legible, the Trial Court shall consider and decide the same expeditiously and shall ensure that reasonably legible copies of such documents are supplied to the applicant/accused. The Trial Court shall record its satisfaction that such copies, supplied to the applicant/ accused, are legible. It was pointed out that original case diaries may be available with the Trial Court or with prosecution agencies and if needed, copies of the relevant documents may be made from the same. The Trial Court shall ensure that the direction of the Apex Court as well as by the Court is complied with in letter and spirit.
The Court further directed that for a period of eight days and in case the applicant /accused moves the application, as stated above, within the aforesaid period, till the disposal of such application, no coercive process shall be adopted against the applicant/ accused in the aforesaid case.