1. Heard Mr. N. I. Jafri, the learned senior counsel assisted by Mr. Sadrul Islam Jafri, the learned counsel for applicants, the learned A.G.A. for State-opposite party-1 and Mr. Tarun Pratap Singh, the learned counsel representing first informant/opposite party-2.
2. Perused the record.
3. Applicants-Gaurav Kumar and Saurabh, who are charge sheeted accused, have approached this Court by means of present application under Section 482 Cr.P.C. with the following prayer:
"It is, therefore, most respectfully prayed to this Hon'ble Court that this Hon'ble Court may graciously be pleased to allow the present application and kindly direct the learned Additional District and Session Judge Second/Special Judge S.C/S.T Gautam Budh Nagar to decide the application of the applicant dated 04.10.2024 for supplying of the C.D.R/pendrive to the applicants and co-accused persons for the purpose of compliance of section 207 Cr.P.C and thereafter the Trial Court may proceed with the Session Trial of the present case.
It is further prayed to this Hon'ble Court that this Hon'ble Court may graciously be pleased to Stay further proceedings of S.T No.749 of 2024 (State Vs Shekhar Yadav and others) arising out of Case Crime No.990 of 2023 u/s 302, 307, 147, 148, 149, 323, 504, 506, 34, 120-B I.P.C, Police Station Bisrak, District Gautam Budh Nagar, during pendency of the aforesaid application before this Hon'ble Court, otherwise they will suffer irreparable loss and injury.
And/or to pass such other and further order or direction which this Hon'ble Court may deem fit and proper under the aforesaid circumstances of the case."
4. Learned senior counsel for applicants submits that since the document prayed for by means of application dated 04.10.2024 is relied upon by the prosecution but copy of same has not been supplied to the applicants, therefore, application dated 04.10.2024 was filed before court below. However, in spite of the fact that a period of more than three months has rolled by, the aforesaid application dated 04.10.2024 has not yet been decided by court below. On the above premise, he, therefore, submits that interest of justice shall be served in case a positive direction is issued by this Court to the court concerned to decide the aforementioned application within a time bound period.
5. Per contra, the learned A.G.A. for State-opposite party-1 submits that in view of the equitable prayer made by the learned counsel for applicants, he does not wish to oppose this application under Section 482 Cr.P.C.
6. Mr. Tarun Pratap Singh, the learned counsel representing first informant/opposite party-2 submits that at the stage of Section 207 Cr.P.C. the entire documents relied upon by the applicants have been supplied to the accused/applicant. As such, the application dated 04.10.2024 is misconceived.
7. Be that as it may, it is well settled that the accused is entitled to all such documents, which are relied upon by the prosecution. The issue as to whether, the documents prayed for by accused/applicants by means of application dated 04.10.2024 have been supplied to accused/applicants or not is required to be considered by the court below at the first instance.
8. In view of above, this court finds that no useful purpose shall be served in keeping this application pending.
9. Having heard the learned senior counsel for applicants, the learned A.G.A. for State-opposite party-1, Mr. Tarun Pratap Singh, the learned counsel representing first informant/opposite party-2 and also the observations made by the Apex Court in P. Gopalkrishnan @ Dileep Vs. State of Kerala and another, (2019) 9 SCC 161 (Pragraphs 50 and 51), this application is disposed of finally with a direction to the court below to decide the application dated 04.10.2024 filed by accused/applicants within a period of two weeks from the date of presentation of a certified copy of this order.
10. It is made clear that this Court has not made any observation on the merits of aforesaid application dated 04.10.2024 and it shall be the desecration of the court concerned to consider the same in accordance with law independently.
