Samvasini Case: Allahabad HC Stays Coercive Action Against Randeep Surjewala Till Disposal Of His Plea For Legible Documents U/s 207 CrPC

The bench of Justice Raj Beer Singh passed this order while dealing with Surjewala’s plea seeking legible and readable documents along with a charge sheet under section 207 CrPC. In his plea challenge was made to the orders of the trial court rejecting his plea for the same.

As per the orders of the Trial Court, the legible copies of the charge sheet along with all documents forming part of it had been supplied to him, however, it was Surjewala’s case before the HC that the copies of several documents supplied by the Trial Court are not legible.

In this regard, the Counsel for Surjewala referred to copies of certain documents and pointed out that the same are not legible.

It was further contended that as per the direction of the Apex Court (passed on April 17, 2023) as well as of the order of the High Court (of June 6, 2023), it was mandatory for the court to provide him with the legible documents, however, the same had not been done despite several applications filed by him.

Taking note of the facts of the case and the documents provided to him, the Court stressed that the copies of the charge sheet along with documents forming part of it have to be reasonably legible.

In view of this, the Court passed the following order:

“In view of aforesaid, it is directed that in case the applicant/ accused files an application within a period of eight days from today before the Trial Court, clearly specifying such copies supplied, which are not legible, the Trial Court shall consider and decide the same expeditiously and shall ensure that reasonably legible copies of such documents are supplied to the applicant/accused.”

The HC further directed the Trial Court to record its satisfaction that such copies, supplied to the applicant/accused, are legible.

“It was pointed out that the original case diary may be available with the Trial Court or with prosecution agency and if needed, copies of the relevant documents may be made from the same. The Trial Court shall ensure that the direction of the Hon'ble Apex Court as well as by this Court is complied with in letter and spirit,” the Court added as it granted protection to Surjewala against any coercive action till disposal of his application for the same.

However, the Court refused to allow his prayer to quash the entire case proceedings in the case.

Senior Advocate SG Hasnain assisted by Advocates Shivam Yadav and Syed Mohd. Fazal appeared for Surjewala.

Additional Advocate General PC Srivastava assisted by AGA Vikas Sahai appeared for the State.

Case title - Randeep Singh Surjewala vs. State of U.P. and Another 2023 LiveLaw (AB) 221 [APPLICATION U/S 482 No. - 23896 of 2023]

Case Citation: 2023 LiveLaw (AB) 221

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