Order 7

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Cr.C.No.10/2022
DLCT 12 0000702022
FIR No.227/92
FIR No.264/92
State Vs. Sajjan Kumar
31.08.2022
Present: Sh. Gaurav Singh, Ld. Addl. PP for the State alongwith
IO/ACP Anil Kumar.
Accused Sajjan Kumar produced from JC.
Sh. Anil Kumar Sharma and Sh. Anuj Sharma, Ld. Counsels for
accused Sajjan Kumar.
To begin with, the defence has been supplied the legible copies of
documents, as was directed on the last date of hearing duly acknowledged by
Ld. Counsel Sh. Anil Kumar Sharma.
Ld. Defence Counsel submits that all the documents mentioned in
the list of documents, filed by the prosecution alongwith the charge sheet i.e.
in total 74 documents, including Echallan (CD) have been supplied however,
it is submitted that some documents are incomplete.
In the application dated 16.08.2022, the following documents are
stated to be incomplete.
S NO. DOCUMENTS TOTAL NO.
OF PAGES
PAGES REMARKS
2. Photocopy of FIR No.
227/92
7 3238 Not Legible
5. Court Order 1 45 Last Para not legible
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12. Copy of FIR No. 227/92
dated 17.04.92
2 6265 Not Legible (Page 63)
17. Police Station No.
6/13/2015/2124 to 2131
dated 09.07.2015
1 73 Not Legible
20. Seizure Memo dated
14.01.19 of Medical
Paper of Gurcharan
Singh @ Pintu provided
by Manjeet Singh
2 7779 Not Legible (Page 78
79)
49. Photocopy of English
translation of affidavit
filed by Shri Harvinder
Singh
2 205207 Incomplete (Page 206)
60. Seizure Memo dated
09.11.16 of photographs
and documents provided
by Manjeet Singh
40 237281 Photographs are
blurred. Not clear (238
242)
The document is in
Gurumukhi at page 281
translated copy not
supplied.
It is now stated that documents mentioned at sl. no. 2,5, 12, 17, 20
and 49 have been duly supplied and the copies thereof are legible.
It is submitted that what is now pending is the copy of the
photographs which are on the police report from page no. 238 to 242. It is
submitted that legible copies have still not supplied.
In response, the IO worthy ACP submits that the said photographs
are black and white and best possible copy has been supplied including the
scanned copy in the form of CD.
The CD supplied to the defence has been examined by the
assistance of Sh. Atul Kumar, Computer Branch, RADC, Delhi, it appears that
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the photographs supplied are a scanned copy of the photocopies and not a
direct scan of the photographs themselves. For the said purpose 12
photographs from page no.238 to 242 are handed over to the IO/ACP Anil
Kumar with direction that legible copies be supplied to the accused and same
shall be added back to the court record on the next date of hearing.
Qua the results of lie detector test, conducted on the accused, the
defence submits that the results of the same have not been supplied. It is
argued that at the time of seeking the permission for the said lie detector test
the prosecution categorically submitted before the concerned court that the
said test is utmost essential for investigation and thus the prosecution cannot
deny the results to the accused.
In support of his submissions, Ld. Counsel for the defence
undertakes to place on record the orders of Ld. MM, Dwarka, Delhi alongwith
the application of the prosecution and reply thereof.
The prosecution submits that all the contentions of the defence
have been addressed in their reply to application dated 16.08.2022.
Submissions heard.
Matter be taken up for orders on 02.09.2022.
(Harjeet Singh Jaspal)
ACMM04/RADC/New Delhi
31.08.2022
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