Madras HC: accused cannot demand his own representation to the CBI as an unrelied document at charge-framing stage
The question: Whether an accused can obtain, at the stage of framing of charge, a document not relied upon by the prosecution, under Section 207 Cr.P.C. read with Rule 25 of the Criminal Rules of Practice or Section 91 Cr.P.C.
The Madras High Court dismissed a petition under Section 528 of the BNSS by A. Raja, a sitting Member of Parliament (Lok Sabha), against an order of the Special Judge for trial of criminal cases related to Elected Members of Parliament and Members of Legislative Assembly of Tamil Nadu, Chennai. The Special Judge had dismissed his application under Section 207 of the Cr.P.C. read with Rule 25 of the Criminal Rules of Practice, which sought copies of documents the prosecution had not relied upon. The petitioner is the first accused in C.C.No.23 of 2022, which arises from FIR RC-MA1-2015-A-0037 registered by the CBI/ACB, Chennai. He faces charges under Section 109 IPC read with Section 13(1)(e) of the Prevention of Corruption Act, 1988, and under Section 13(1)(e) read with Section 13(2) of that Act. While the case was at the stage of framing of charges, he asked for a copy of a representation he had himself submitted on 22.08.2015 seeking closure of the FIR, together with the decision the CBI took on it. The Special Judge dismissed the application on 08.12.2025 (Crl.M.P.No.10038 of 2025). The High Court held that the representation was admittedly with the petitioner and was not a document of sterling quality, that it fell under none of the categories in Section 207, and that its non-supply would cause no prejudice to his defence. It found no infirmity in the Special Judge's order and dismissed the petition.