Ram Ashish Singh vs Cbi on 5 September, 2023

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Delhi High Court - Orders

Ram Ashish Singh vs Cbi on 5 September, 2023

Bench: Dinesh Kumar Sharma

                                    $~89
                                    *           IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +           CRL.M.C. 6434/2023, CRL.M.A. 24115/2023
                                                RAM ASHISH SINGH                                                                ..... Petitioner
                                                                                      Through:                 Mr. Vikram Singh Panwar, Mr. Vikas
                                                                                                               Walia, Advs.
                                                                                      versus
                                                CBI                                                                             ..... Respondent
                                                                                      Through:                 Mr. Shreya Dutt, Adv. (VC)
                                                CORAM:
                                                HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
                                                                                      ORDER

% 05.09.2023 CRL.M.A. 24114/2023 Exemption allowed subject to all just exceptions. Application stands disposed of.

CRL.M.C. 6434/2023

The present petition has been filed seeking to set aside the order dated 05.08.2022 whereby the learned ASJ/Special Judge, RADC, inter alia held that if the statement of LW-2 and LW-13 are referred to and relied upon by the prosecution during the arguments on charge, the question whether the said statements or portion of the statements is to be supplied to the accused persons would be considered at that stage. Thus leaving this question open, the learned Court disposed of the application under Section 207 Cr.P.C. filed by the petitioner.

The petitioner had moved this application for supply of copies of documents of LW-2 and LW-13.

Learned counsel for the petitioner submits that in the charge-sheet the This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 16:50:56 CBI has stated that as per the provisions of Section 173 (6) of Cr.P.C. the investigating agency is of the opinion that the disclosure of crucial facts mentioned in the statements under Section 161 and 164 Cr.P.C. by the two prosecution witnesses i.e., LW-2 and LW-13 is not considered desirable to be shared with the accused persons in the interest of justice/public interest. Thus CBI submitted the same in a sealed cover for the perusal of the court and the concerned LW-2 and LW-13 in the list of witnesses being filed with the charge-sheet.

Learned counsel for the petitioner submits that as per Section 176(3) of CrPC, only that portion of the statement can be withheld from the accused, disclosure of which, is not in the interest of justice or public interest and not the entire statement.

Issue notice.

Ms. Shreya Dutt, learned counsel appearing for CBI has accepted the notice.

Let a short reply be filed before the next date of hearing with advance copy to the other side.

List on 07.11.2023.

Learned Trial court is requested to adjourn the matter beyond the date fixed by this court.

DINESH KUMAR SHARMA, J SEPTEMBER 5, 2023/AR..

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 16:50:56

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Delhi High Court - Orders