Final Order 4

Order Details: COPY OF ORDER
Pdf Text: IN THE COURT OF DEEPALI SHARMA,
SPECIAL JUDGE (PC ACT) (ACB-01)
RADC: NEW DELHI
Bail Application No. 40/2024
FIR No. 01/2024
PS : Anti-Corruption Branch
U/s 7A Prevention of Corruption Act, r/w 420/467/468/471/120B/34
IPC and Section 18 of Drugs & Cosmetic Act
State Vs Harneet Singh Binda
12.04.2024
This is an application u/s 91 Cr.P.C. r/w Sec. 207
Cr.P.C. for providing documents.
Present : Sh. Ajit Kumar Srivastava, ld. Chief P.P. for the State.
Sh. Lalit Kumar, ld. Counsel for the applicant/accused.
IO/ACP Jarnail Singh.
I have heard ld. Counsel for the parties.
In the present case the investigation is underway and
charge sheet has not yet been filed and hence, section 207 Cr.P.C.
cannot be attracted in this case before filing of charge sheet. So far as
section 91 Cr.P.C. is concerned, it is settled law that at this stage when
even charge sheet has not been filed, section 91 Cr.P.C. cannot be
invoked by accused. Reference may be made to the judgment of the
Hon’ble Supreme Court in the case
State of Orissa v. Debendra Nath
Padhi, 2005(1) SCC 568 wherein it is held that entitlement of the
accused to invoke Section 91 of Cr.P.C., would not ordinarily come,
till the stage of defence and no such right is conferred by Section 91 to
the accused, to seek production of documents even by the prosecution.
Accordingly, present application u/s 91 Cr.P.C. r/w
Sec. 207 Cr.P.C. for providing documents is hereby dismissed.
Application stands disposed off.
( Deepali Sharma )
Special Judge, PC Act(ACB-01)
RADC, New Delhi.
12.04.2024
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