Karnataka High Court
Chandramohan Basavanneppa Chadichal vs The State Of Karnataka on 30 January, 2014
Author: K.N.Phaneendra
Bench: K.N. Phaneendra
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 30TH DAY OF JANUARY, 2014
BEFORE
THE HONOURABLE MR. JUSTICE K.N. PHANEENDRA
CRIMINAL REVISION PETITION NO. 2286/2013
BETWEEN:
CHANDRAMOHAN
BASAVANNEPPA CHADICHAL
AGE: MAJOR, OCC: SERVICE
R/O. NH4/A, OFFICE, BELGAUM.
... PETITIONER
(BY SRI S. B. DEYANNAVAR, ADVOCATE)
AND :
1. THE STATE OF KARNATAKA
LOKAYUKTA POLICE BELGAUM
R/BY STATE PUBLIC PROSECUTOR
DHARWAD BENCH, DHARWAD.
2. IBRAHIM ABDULKARIM HUDALIKAR
AGE: 55 YEARS, OCC: BUSINESS
R/O. NITTUR, TQ: KHANAPUR
DIST: BELGAUM.
... RESPONDENTS
(BY SRI JAGADISH PATIL, ADVOCATE FOR R1)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 397
OF CR.P.C. SEEKING THAT ALLOWING THE REVISION
DIRECTION BE GIVEN TO LOKAYUKTA POLICE TO PRODUCE
THE DVD ARTICLE NO.6 SUBMITTED ALONG WITH CHARGE
2
SHEET AND THE ORDER PASSED BY THE IV-ADDL. DIST. &
SESSIONS JUDGE, & SPL. JUDGE (PCA) (LOKAYUKTA)
BELGAUM BE SET ASIDE IN SPL. CASE NO.36/2012 AND
LOKAYUKTA, BELGAUM CRIME NO.24/2011.
THIS CRIMINAL REVISION PETITION COMING ON FOR
ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard learned counsel for the petitioner. Perused the records.
2. The present petition is filed seeking for direction to the Investigating Agency or to the trial Court to furnish or supply a copy of the DVD containing the conversation between complainant and accused. It is alleged that DVD was produced before the Court along with chargesheet, but a copy of DVD has not been furnished to the petitioner/accused. In this regard, petitioner has filed an application under Section 207 of Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.' for brevity) before the Sessions Judge / Special Judge, (Lokayukta), Belgaum. The said application came to be 3 rejected on 15.09.2013. Against which the present revision petition is filed. It is the contention of other side before trial Court that DVD produced before the Court is reduced into writing a typed copy of the conversation is furnished to the accused and the same is in consonance with the contents of DVD. There is no dispute by the respondent that the DVD produced before the Court contains conversation between complainant and accused. It is also not disputed that the said DVD was produced along with the chargesheet and it is a part and parcel of the chargesheet. It is to be noted that, if the prosecution intends to rely upon the conversation recorded between complainant and the accused, which is stored in DVD, then the copy of said DVD shall be provided to the accused well within time. As per Section 207 of Cr.P.C. it should be furnished at the time of filing of the chargesheet to the Court. The learned Judge has not properly considered this aspect and he is of the opinion that the prosecution has already supplied the typed copy of conversation in DVD. It is also said that the burden lies on 4 the prosecution to prove the contents of DVD by playing the same in the Court, in case if the accused finds any variation or discrepancy or irrelevancy in the contents of DVD and typed copy of the conversation already supplied, then the applicant can request the Court for conducting an enquiry or investigation etc. Therefore, furnishing of DVD at the early stage does not arise. Hence, the application was dismissed.
3. It goes without saying that as per Section 207 of Cr.P.C. as a matter of right the petitioner is entitled to get the entire charge sheet including any hard disc produced. The petitioner is entitled to tally with the contents of DVD and the conversation which is supplied to him in writing, prior to the examination of witnesses, for the purpose of preparing his defence. Even otherwise the law mandate that whatever the materials that the prosecution relies upon in order to prove the guilt of accused all those materials shall be supplied to the accused in order to prepare himself for 5 the defence. Under the above said circumstances, I do not find any strong reason to sustain the order of learned Special Judge. Hence, the same requires to be set aside with a direction to the concerned police to supply the DVD, which is furnished to the Court. Hence, I pass the following:
ORDER The order passed by learned Special Judge, Lokayuktha, Belgaum, in Special Case No.36/2012, dated 05.09.2013, on an application filed by accused-petitioner under Section 207 of Cr.P.C. is hereby set aside.
Consequently, the police/Court, as the case may be, are directed to furnish a copy of DVD, which is produced before the Court.
SD/-
JUDGE hnm/