JUDGMENT : GAUTAM KUMAR CHOUDHARY, J. 1. Instant petition has been filed for quashing the order dated 14.12.2022 passed by learned Special Judge, Prevention of Money Laundering Act, Ranchi in ECIR Case No. 04 of 2022 by which the learned Court below has rejected the petition filed under Section 207 read with Section 91 of the Cr. P.C. seeking directions upon the Investigating Agency/State for making disclosure and proving a list of all un-relied documents and statements that are in its possession. 2. Petitioner is an accused in the instant case and after investigation, charge sheet has been filed and cognizance has been taken under Section 3 punishable under Section 4 of PML Act, 2002. The case is now pending for framing of charge. 3. The Police Paper has already been furnished. 4. The petition before the learned Court below for furnishing the list of all un-relied documents and statements in the possession of Investigating Agency/State is premised on the guidelines as laid in Criminal Trial Guidelines Regarding Inadequacies and Deficiencies, In Re v. State of Andhara Pradesh, (2021) 10 SCC 598 wherein Hon'ble Supreme Court issued directions to all High Courts as well as the State Governments and the Union of India to incorporate the Draft Rules, 2021 as part of the rules governing criminal trials, and ensure that the existing rules, notifications, orders and practice directions are suitably modified, and promulgated within 6 months. The relevant draft Rule is under Chapter IV Rule 4 which reads as under: – 4. Supply of documents under sections 173, 207 and 208 Cr. P.C. Every Accused shall be supplied with statements of witness recorded under Sections 161 and 164 Cr. P.C. and a list of documents, material objects and exhibits seized during investigation and relied upon by the Investigating Officer (I.O.) in accordance with Sections 207 and 208 Cr. P.C. Explanation : The list of statements, documents, material objects and exhibits shall specify statements, documents, material objects and exhibits that are not relied upon by the Investigating Officer. 5. The law requiring ‘un-relied documents’ to be furnished, has been reiterated by the Hon'ble Supreme Court in Manoj v. State of Madhya Pradesh; 2022 SCC Online SC 677. P.C. Explanation : The list of statements, documents, material objects and exhibits shall specify statements, documents, material objects and exhibits that are not relied upon by the Investigating Officer. 5. The law requiring ‘un-relied documents’ to be furnished, has been reiterated by the Hon'ble Supreme Court in Manoj v. State of Madhya Pradesh; 2022 SCC Online SC 677. The view has been further re-enforced in Special Leave Petition (Crl.) No. 9288 of 2022; P. Ponnusamy v. State of Tamil Nadu wherein it has been held that where some High Courts or Governments of the States/Union Territories have failed to comply with this Court's order and are delayed in adopting the Draft Rules or amending the concerned police/practice manuals, cannot prejudice the right of an accused which has unequivocally been recognized by this Court in its final order of the suo motu proceeding itself. 6. It is further submitted that till the furnishing of the list of un-relied documents, the learned Court below be stayed from framing of charge. 7. Learned ASGI on behalf of E.D. submits that the present petition is intended only to stall and delay the proceedings before the Special Court. In compliance to the directions of the Hon'ble Supreme Court, the High Court has amended the criminal court rule which has amended the Rules of notification dated 30th May, 2002. The amended Rule 18A read as under: – However, accused shall be supplied with statements of witness recorded under Section 161 and 164 Cr. P.C. and the list of documents, material objects and exhibits seized during investigation and relied upon by the Investigating Officer (I.O.) in accordance with Sections 207 & 208 Cr. P.C. before commencement of trial. 8. There is no reference to the un-relied documents in the amended Rules. 9. It is also submitted that at the time of framing of charge it is to be seen that at the time of framing of charge there need to be materials disclosing the ground for offence. Police papers disclose sufficient materials for framing of charge and the prayer for un-relied document is uncalled for. Hon'ble Supreme Court in State of Orissa v. Debendra Nath Padhi, (2005) 1 SCC 568 held that at the stage of framing of charge roving and fishing inquiry is impermissible. If the contention of the accused is accepted, there would be a mini trial at the stage of framing of charge. Hon'ble Supreme Court in State of Orissa v. Debendra Nath Padhi, (2005) 1 SCC 568 held that at the stage of framing of charge roving and fishing inquiry is impermissible. If the contention of the accused is accepted, there would be a mini trial at the stage of framing of charge. Punjab and Haryana High Court in the order dated 18.11.2022 while hearing in CRM-M-16317-2022 (O&M); Ashok Solomon v. Directorate Enforcement has held that at the framing of charge, such documents were not required to be furnished. It is also submitted that under Section 172(3) Cr. P.C. that neither the accused nor his agents shall be entitled to call for such diaries, nor shall he or they be entitled to see them merely because they are referred to by the Court; but, if they are used by the police officer who made them to refresh his memory, or if the Court uses them for the purpose of contradicting such police officer, the provisions of Section 161 or Section 145 as the case may be, of the Indian Evidence Act shall apply. 10. It is fundamental tenet of fair trial that an accused who is proposed to be put on trial should know what are the materials on the basis of which charge is to be framed against him. The provisions of Section 207 and 208 of the Cr. P.C. have been engrafted to this end so that the accused is intended to serve twin purpose. Firstly, to apprise him of the ground on which the charge is proposed and secondly to enable him to prepare his defence during the course of trial. If the Court finds upon considering the police report and the documents sent under Section 173 to be groundless, he shall discharge the accused. Thus, before the stage of framing of charge police papers enables the accused to move the Court, in appropriate case, the discharge petition. After the charge is framed, the police paper helps the accused to make his defence. 11. Here in the present case, police papers have been served which are the grounds on which the prosecution proposes to frame charge. Therefore, pleaded urgency at this stage for furnishing of un-relied document is more of an exaggeration. There appears to be some grain of truth in the submission made on behalf of the respondent that object is to stall the trial. Therefore, pleaded urgency at this stage for furnishing of un-relied document is more of an exaggeration. There appears to be some grain of truth in the submission made on behalf of the respondent that object is to stall the trial. It has also been rightly argued that money laundering is by its very nature a continuing offence, in which on getting the trail of proceeds of crime, supplementary prosecution complaints are filed. In these circumstances, considering the nebulous nature of crime there cannot be a clear-cut bifurcation between what is un-relied document today, and what will have to be relied upon in future. Practically there can be no such list. The following observation by Hon'ble Supreme Court in Rahul S. Shah v. Jinendra Kumar Gandhi, (2021) 6 SCC 418 is prescient in this context: This Court has repeatedly observed that remedies provided for preventing injustice are actually being misused to cause injustice. 12. Under the aforesaid facts and circumstance, the opposite party is directed to serve the list of un-relied documents (if any) to the accused, subject to the condition that in subsequent prosecution opposite party shall not be precluded from utilizing those documents for the ends of justice. There will be no order of stay in framing of charge and the learned Court below shall furnish the list of un-relied documents to the accused before the commencement of examination of witnesses. 13. Criminal miscellaneous petition is accordingly disposed of. I.A., if any, is also disposed of.