Public Property Damage Case: 'Provide Copy Of Legible Documents U/s 207 CrPC To MP Randeep Surjewala': Allahabad HC To Trial Court

In an interim relief to Congress MP Randeep Singh Surjewala in the 23-year-old damage to public property case, the Allahabad High Court on Thursday directed the Trial Court in Varanasi to provide copies of all the legible documents including the charge sheet as per Section 207 CrPC to him within seven days.

The bench of Justice Vikram D. Chauhan also directed the trial court to adjourn the case for seven days and provide legible copies to the petitioner. The hearing was earlier scheduled to take place on Friday (June 9).

The Court ordered thus while hearing a petition filed by Congress MP under Article 227 of the Constitution of India wherein he sought a direction to the Trial Court in Varanasi to provide him with a legible copy of the chargesheet including the documents relied upon in compliance with the provisions of Section 207 CrPC so that he may be able to move a discharge application in the case.

Earlier, his application moved before the Court concerned to this effect was rejected.

Before the HC, his counsel submitted that though a copy of the Chargesheet was provided to him as per Supreme Court's April 17 direction, however, the legible copies of other documents relied upon by the prosecution were not supplied to him.

To this, the Additional Advocate General submitted that he would have no objection in case the copy of the legible documents relied upon by the prosecution as per the chargesheet is provided to him.

Against this backdrop, stressing that an accused person is entitled to legible copies of the documents as per the provisions of Section 207 CrPC, the Court directed the trial court to provide a copy of all the legible documents as per Section 207 CrPC within seven days to him.

The counsel appearing for Surjewala submitted that on receipt of the legible copies, he would file the discharge application within the next seven days and the same may be decided in accordance with the direction of the Supreme Court dated 17.4.2023 and the High Court's order dated March 20, 2023.

Read more about Allahabad High Court's March 20 order here: Right To File Discharge Plea In Trial Court Available: Allahabad HC Refuses To Quash 23 Yr Old Case Against Congress MP Randeep Surjewala

"The petitioner shall be at liberty to file a discharge application within the next seven days. The trial court shall thereafter proceed in the matter as per the aforesaid orders dated 17.4.2023 and 20.3.2023...Since the matter is very old, the court below shall take into consideration the length of the litigation ad shall proceed with the case in accordance with law in a time-bound manner." the Court directed as it disposed of the plea.

Appearances 

Counsel for Petitioner: Senior Counsel SG Hasnain assisted by Advocates Akhilesh Singh, Shivam Yadav, Sarita Gupta, Mohd. Ali

Counsel for Respondent: Additional Advocate General Neeraj Tripathi, AGA-Ist JK Upadhyay

Case title - Randeep Singh Surjewala vs. State of U.P. and Another [MATTERS UNDER ARTICLE 227 No. - 6850 of 2023]

Case Citation: 2023 LiveLaw (AB) 184

Click Here To Read/Download Order