The Allahabad High Court in an interim relief to Congress MP Randeep Singh Surjewala in the 23-year-old damage to public property case, directed the Trial Court in Varanasi to provide copies of all the legible documents including the charge sheet as per Section 207 CrPC to him within seven days.
A Single Bench of Justice Vikram D Chauhan passed this order while hearing a petition filed by Randeep Singh Surjewala.
In the case, an application was moved by the petitioner, who is the accused for providing a legible copy of the chargesheet including the documents relied upon in compliance with the provisions of Section 207 CrPC. The aforesaid application has been rejected by the court concerned.
As per the arguments raised by the counsel for the petitioner, the Supreme Court on 17.4.2023 in paragraph 5 and 6 had directed for providing a legible copy of the chargesheet to the petitioner.
On 18.5.2023 a copy of the chargesheet was provided to the petitioner. However, under the provisions of Section 207 CrPC the chargesheet would also include the documents relied upon.
The primary submission of the counsel for the petitioner is that the copies provided were not legible and in the spirit of the order dated 17.4.2023 of the Supreme Court the legible copy of the supporting documents should also have been provided.
Neeraj Tripathi, Additional Advocate General submitted that the copy of the chargesheet and the documents were supplied to the petitioner. However, as per the order of the Supreme Court dated 17.4.2023 the legible copies of the chargesheet were provided. He does not dispute the fact that the copies of the documents relied on by prosecution as per Section 207 Cr.P.C were not provided after passing of the order by the Supreme Court on 17.4.2023.
Additional Advocate General further submitted that he would have no objection in case the copy of the legible documents relied upon by the prosecution as per the chargesheet is provided to the petitioner. However, since the case is an old one, therefore, the proceedings before the court below may not be derailed by the petitioner.
Accused person is entitled to legible copies of the documents as per the provisions of Section 207 CrPC, the court observed.
Under the circumstances, in view of the stand taken by the State, it is hereby directed by the court that the trial court shall provide the copy of all the legible documents as per Section 207 CrPC within seven days to the petitioner.
It is informed by the counsel for the parties that the next date fixed in the matter before the court below is tomorrow i.e 9th June, 2023.
The High Court directed the trial court to adjourn the case for seven days from today and provide the legible copies to the petitioner.
Counsel for the petitioner submitted that on receipt of the legible copies, the petitioner would file the discharge application within the next seven days and the same may be decided in accordance with the direction of the Supreme Court dated 17.4.2023 and the order dated 20.3.2023.
Counsel for the petitioner assures the Court that the petitioner would participate in the proceedings before the court below and will not seek unnecessary adjournments.
“The petitioner shall be at liberty to file a discharge application within the next seven days. The trial court shall thereafter proceed in the matter as per the aforesaid orders dated 17.4.2023 and 20.3.2023.
Since the matter is very old, the court below shall take into consideration the length of the litigation and shall proceed with the case in accordance with law in a time bound manner’, the order reads.
With the aforesaid observations/directions, the Court disposed of the petition.
Allahabad High Court provides interim relief to Congress MP Randeep Singh Surjewala in 23-year-old damage to public property case
