Ashish Kumar And 4 Others v. State Of U.P. And Another

Court No. - 50 Case :- APPLICATION U/S 482 No. - 40468 of 2017

Applicant :- Ashish Kumar And 4 Others

Opposite Party :- State Of U.P. And Another

Counsel for Applicant :- Siya Ram Pandey

Counsel for Opposite Party :- G.A.

Hon'ble Mrs. Vijay Lakshmi,J.

Supplementary affidavit filed today by the learned counsel for the applicants is taken on record.

Heard learned counsel for the applicants and learned A.G.A. for the State. Perused the records.

The applicants, by means of this application under Section 482 Cr.P.C., have challenged the legality and correctness of the order dated 14.7.2017, passed by the learned Additional Sessions Judge, Court No.8, Allahabad in S.T. No.578 of 2013, under Section 302 I.P.C., Ram Adhar Nirmal Vs. Ram Surat Maurya and others, P.S.Nawabganj, District-Allahabad, arising out of Complaint Case no.435 of 2011, whereby the application

6 Kha moved by the accused-applicants has been rejected. Learned counsel for the applicants has submitted that the applicants are the accused in the aforesaid case. They moved an application 6 kha before the learned trial court to provide them the copies of the medical reports pertaining to the Jeevan Jyoti Hospital, Allahabad, where the deceased was admitted and from where he was referred to the S.G.P.G.I. Lucknow and the report of the C.O. Soraon, but the same was rejected by the learned trial court by the impugned order.

A perusal of the impugned order shows that the learned trial court has rejected the application of the applicants quoting the legal provisions under Section 208 Cr.P.C., which runs as under:-

"208. Supply of copies of statements and documents to accused in other cases triable by Court of Session.-Where, in a case instituted otherwise than on a police report, it appears to the Magistrate issuing process under Section 204 that the offence is triable exclusively by the Court of Session, the Magistrate shall without delay furnish to the accused, free of cost, a copy of each of the following:-

"(i) the statements recorded under section 200 or section 202, of all persons examined by the Magistrate;

Neutral Citation No. - 2018:AHC:8880

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(ii) the statements and confessions, if any, recorded under section 161 or section 164;

(iii) any documents produced before the Magistrate on which the prosecution proposes to rely:

Provided that if the Magistrate is satisfied that any such document is voluminous, he shall, instead of furnishing the accused with a copy thereof, direct that he will not be allowed to inspect it either personally or through pleader in Court". As none of the documents mentioned in the application 6-kha was either produced before the learned Magistrate, in the complaint case, or was coming under the category of sub-clause

(i) or (ii) of Section 208 Cr.P.C., the learned Sessions Judge rightly denied the prayer to provide their copies to the applicants.

There does not appear any illegality or irregularity in the order impugned.

More so, during course of arguments, learned counsel for the applicants has admitted that the applicants have already in their possession, the copies of the medical papers pertaining to the Jeevan Jyoti Hospital, Allahabad. He has submitted that as the same are necessary to bring on record, he has come to this Court.

The applicants have full opportunity to file these documents in their defence at the appropriate stage of the trial. If the prosecution is not relying on these documents and therefore, it has not produced these documents in the complaint, the prosecution itself will face the consequences. The application is without any merit, it is liable to be dismissed and is accordingly dismissed.

At this juncture, learned counsel for the applicants prayed that all the applicants except one are the young students, therefore, the trial court be directed to expedite the proceedings of the trial and to conclude it as expeditiously as possible. Learned A.G.A. has no objection against the aforesaid prayer. The trial court is directed to make all possible efforts to conclude the trial as expeditiously as possible in accordance with law.

Order Date :- 19.1.2018-SB

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