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2019 DIGILAW 632 (JHR)

Dilip Kumar v. Union Of India Through Central Bureau Of Investigation

2019-03-05

B.B.MANGALMURTI

body2019
JUDGMENT B B Mangalmurti, J. - Heard learned counsel for the petitioners and learned counsel for the C.B.I. 2. It is submitted on behalf of the petitioners that at the time of receiving of police papers it was mentioned that documents D-10 and D-11 were not supplied to them and documents no. D-5 and D-6 were not legible. He further submitted that the court below has rejected the prayer of petitioners for supply of documents which were enumerated in the applications dated 09.03.2017 and 19.11.2018. He also submitted that the court below has observed that demand of accused persons are totally frivolous and illegal and thereby rejected the two applications having no merit. These documents are relevant to the case. 3. Learned counsel for the C.B.I. submitted that from impugned order it would appear that documents D-10 and D-11 are report of CFSL and are still awaited, so at this stage it has not been supplied to them. The other documents forming part of the police papers are transcript of the conversation recorded during verification and trap proceeding were already supplied to the petitioners but the petitioners are making new demands just to avoid the further proceeding of the case. 4. Considering the above submissions of the parties and on perusal of the papers attached with this application, it appears that the police papers were supplied to these petitioners on 27.09.2016. Later on accused persons demanded certain documents which were also supplied to them and transcript of full conversation recorded during verification and trap proceeding in Hindi and English were supplied in compact discs. The court below came to the finding that all the documents relied upon by the prosecution have already been supplied to the petitioners. The court below also observed that accused persons have lingered the case for nearly about three years since after receipt of police papers. The court below also granted further time for filing of discharge application. 5. In such circumstances no occasion arise for interference in the matter. Therefore, instant application is dismissed. Let a copy of this order be transmitted to the court concerned.