Section 207 Cr.P.C. Limited To Documents Relied Upon By Prosecution': Punjab And Haryana High Court Denies Access To 'Unrelied Upon' Documents In CBI Case

In a significant ruling, the Punjab and Haryana High Court, presided by Hon'ble Mrs. Justice Manjari Nehru Kaul, upheld the limitation of Section 207 of the Criminal Procedure Code (Cr.P.C.) to documents explicitly relied upon by the prosecution. The Court dismissed a petition seeking access to documents not listed as 'relied upon' in the charge sheet filed by the Central Bureau of Investigation (CBI).

Legal Context and Petitioner's Request:

The petitioner, Kalyani Singh, approached the High Court under Section 482 Cr.P.C., seeking to quash an earlier order that dismissed her application for accessing certain documents listed in a seizure memo but not 'relied upon' in the CBI’s charge sheet. These documents were argued by Singh to be crucial for her defense.

Facts and Issues Presented:

Kalyani Singh's application was initially denied by the Special Judge, CBI, Chandigarh, prompting the present petition. Singh contested the prosecution’s designation of some seized documents as 'unrelied upon', arguing all items in the seizure memo should be accessible to her since some of those documents were already provided to the mother of the deceased in the related case.

Court’s Detailed Assessment:

Scope of Section 207 Cr.P.C.:

The Court noted that Section 207 Cr.P.C. mandates supplying the accused only with documents the prosecution is relying upon. Justice Kaul emphasized, "The provision aims to prevent surprise at trial and ensure fair opportunity for defense."

On 'Unrelied Upon' Documents:

Referring to the Supreme Court’s directives, the Court observed that documents not being relied upon by the prosecution could not be compelled under Section 207 but might be accessible under Section 91 during trial if found necessary.

Handling of Case Diaries and Police Files:

The Court highlighted statutory restrictions against supplying case diaries and police files under Section 172(3) of Cr.P.C., reinforcing the confidentiality and integrity of ongoing investigations.

Decision and Conclusion:

The High Court denied Kalyani Singh’s petition, confirming the original decision of the Special Judge, CBI, Chandigarh. The Court held that documents classified as 'unrelied upon' are not due to be disclosed at the pre-trial stage under Section 207 Cr.P.C.

Date of Decision: April 25, 2024

Kalyani Singh vs. Central Bureau of Investigation