Neutral Citation No. - 2025:AHC-LKO:37715 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5281 of 2025 Applicant :- Anil Kumar Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Himanshu Singh,Aakash Prasad,Amitav Singh,Shashwat Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Amitav Singh, learned counsel for the applicant, Sri M.V.S. Chauhan, learned AGA for the State and perused the records. 2. With the consent of the learned counsel for the parties the case is being decided finally at this stage. 3. By means of the instant application filed under Section 482 Cr.P.C./528 B.N.S.S., the applicant has challenged validity of an order dated 30.05.2025 passed by the learned Additional Chief Judicial Magistrate-IV, Court No. 28, Lucknow in Criminal Case No. 6911 of 2024, whereby the application filed by the applicant for being provided with a copy of the pen drive, which is a part of the prosecution evidence, has been rejected. 4. The learned trial court has stated in the impugned order dated 30.05.2025 that the transcript of conversation recorded in the pen drive is recorded in CD parcha No. 3 and a copy of the entire CD has been provided to the informant and, in these circumstances, the application filed for being provided with the pen drive, is not maintainable. 5. Section 230 of B.N.S.S. provides that where proceeding has been instituted on a police report, the Magistrate shall without delay, furnish to the accused, a copy of the police report, the FIR, the statements recorded under Section 180(3) BNSS, the statements recorded under Sections 183 B.N.S.S. and any other document or relevant extract thereof forwarded to the Magistrate with the police report under section 193(6) B.N.SS. 6. A bare perusal of Section 230 B.N.S.S. makes it clear that in case any document has been forwarded to the Magistrate with a police report, a copy of the same has to be provided to the accused. 7. In case the prosecution chooses to rely only on the transcript of the conversation recorded in the case diary, it would suffice to provide a copy of the case diary to the applicant but if the prosecution relies upon the conversation recorded in the pen drive, a copy of the recorded conversation is also required to be provided to the accused-applicant. 8. Although the learned AGA has opposed the application, he could not dispute the aforesaid proposition. 9. Accordingly, the application is allowed. 10. The impugned order dated 30.05.2025 passed by the learned Additional Chief Judicial Magistrate-IV, Court No. 28, Lucknow in the aforesaid case is set aside. It is directed that the entire material including conversation recorded in the pen drive shall be provided to the accused by copying the same in a blank pen drive which will be provided by the learned counsel for the accused-applicant for this purpose without any delay. Order Date :- 2.7.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench