SANJAY KUMAR SINGH,J. - (1.) Heard Mr. Indra Kumar Chaturvedi, learned Senior Advocate assisted by Mr. Siddhartha Kumar Mishra, learned counsel for applicant and Mr. Virendra Kumar Maurya, learned Additional Government Advocate, assisted by Mr. Vikash Chandra Tewari, learned brief holder for the State of U.P./opposite party No.1 and perused the record with the assistance of learned counsel for the parties.
(2.) This application under section 482 of Code of Criminal Procedure, (herein-after referred to as 'Cr.P.C'.) has been preferred by the applicant against the order dated 19.12.2019 passed by the learned Additional Sessions Judge (Fast Track Court-I), Bhadohi-Gyanpur in Sessions Trial No. 87 of 2018 (State vs Shri Prakash Mishra) arising out of Case Crime No. 94 of 2010, under section 376 IPC, police station Aurai, district Bhadohi, whereby application No. 6 Kha, dated 10.04.2018 under section 207 Cr.P.C. moved on behalf of the applicant has been rejected. Further prayer has been made to direct the trial court to supply the copy of relevant documents as mentioned in the application dated 10.04.2018 as per provision of section 207 Cr.P.C.
(3.) The main issues, which have arisen for consideration in the present case, are as under: (i) "Whether any document which is neither part of case diary nor police report under section 173 Cr.P.C., on which the prosecution does not propose to rely can be given to accused in compliance of provisions contained under section 207 of Code of Criminal Procedure ?" (ii) "Whether documents as mentioned in section 207 of Code of Criminal Procedure can be supplied to accused even after commitment of case to the Court of Sessions, in case same has not been supplied to accused either in full or in part before commitment of case to the Court of Sessions?";