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Neutral Citation No. - 2025:AHC:63843 Court No. - 84 Case :- APPLICATION U/S 482 No. - 40510 of 2024 Applicant :- Mohd Asad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the
order dated 18.10.2024 passed by Additional Sessions Judge, Court no.9, Prayagraj in Special Session Trial No.2126 of 2023 by which applicant's application under Section 207 Cr.P.C. has been rejected.
3. Learned counsel for the applicant submitted that as per provision of Section 207 Cr.P.C. the Magistrate shall without delay furnish a copy of the chargesheet and material evidence and evidence collected during investigation to the accused, free of cost. He next submitted that the applicant is in jail. He has not been provided copy of the chargesheet and proceedings were initiated. Whole proceeding is illegal and arbitrary.
4. Learned A.G.A. has not opposed the submission of learned counsel for the applicant.
5. Considered the arguments of learned counsel for the parties. For fair trial and in the interest of natural justice, it is necessary that copy of the chargesheet/police report must be provided to the accused persons. An innocuous prayer has been made to provide copy of the chargesheet/police report. In the interest of justice, as per provisions provided under Section 207 Cr.P.C.copy of the chargesheet must be provided. The claim of the applicants cannot be refused in arbitrary manner. Prayer of the applicants appears to be genuine one. Learned trial court observed that since other accused has received copy and filed discharge application before the trial court then the applicants' prayer for getting copy of chargesheet/police report cannot be accepted as is not based on any sound reasoning.The impugned order dated 18.10.2024 is liable to be quashed.
6. Hence, the impugned order dated 18.10.2024 is hereby quashed.
9. This application under Section 482 Cr.P.C. is accordingly allowed.
10. Court concerned is directed to furnish a copy of the police report and other documents under Section 207 Cr.P.C. to the applicants within two weeks from the date of production of certified copy of this order.
Order Date :- 25.4.2025 Asha Digitally signed by :- ASHA High Court of Judicature at Allahabad