IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2703 of 2010 RAMANUJ PRASAD Versus UNION OF INDIA THRU.C.B.I. ----------- 2/ 5.7.2010 Heard learned counsel for the parties. As regards the list of documents which appear mentioned in paragraph 1 of the petition filed on 22.8.2008, as per the submission of learned counsel for the petitioner, the same could not be supplied to the petitioner as the principle of law requires supplying of documents/statement or part of investigation records only when those are likely to seek corroboration of proof of charges. That also could not be an unending right for the accused because the very provision of supplying the police papers, i.e., section 207 of the Code of Criminal Procedure, makes it very clear that the Magistrate may, after perusing any such part of a statement as is referred to in clause (iii) of that particular section, and considering the reasons given by the police officer for the request, direct that a copy of that part of the statement or of such portion thereof as the Magistrate thinks proper may not be furnished to him as may appear from second proviso of section 207 of the Code. Of course, if the accused so requests, he may have a 2 liberty, but under express order of the court, to peruse that part of the document. After having perused and considered the items which appear in paragraph 1 of the petition aforesaid, filed by the petitioner in the court below, the court considers that those were not the documents which the CBI could be required to produce the same in court in support of the charges. Still, it may be a position that for cross examining a witness, the defence may require the production of any part of the document or the document itself for drawing the attention of the witnesses to such part of the document or document in its entirety so as to suggesting its defence and that being the part of the right of an accused to have a fair trial, the Court believes, that the learned Judge, if he is approached through a proper prayer in that behalf before hand, i.e., prior to the examination of such a witness, which has to be pointed out to the court below by the defence, then he will give proper direction to the CBI for production of that document but the same may be subject to the relevance of the facts in issue. However, the defence shall make the prayer for production of any document for the purposes of cross-examining a witness 3 well before the witness is produced in court by the prosecution. The petition is disposed of with the aforesaid observation/direction. Anil/ ( Dharnidhar Jha, J.)