IN THE HON’BLE COURT OF MS.
SONAM GUPTA ;
CHIEF METROPOLITAN MAGISTRATE ; WEST
DISTRICT, TIS HAZARI DISTRICT COURT, DELHI
CRIMINAL CASE NO. 5697/2020
IN THE MATTER OF:
State Vs Sunil Kumar Jha & Ors.
FIR No. 141/2018
Economic Offence Wing/West
U/S 406/420/120-B IPC
APPLICATION UNDER SECTION 91 OF CODE OF
CRIMINAL PROCEDURE, 1973 FOR PRODUCTION OF
HARD DISK AS DEPOSITED BY THE ACCUSED
PERSONS NAMELY SUNIL KUMAR JHA AND BINDU
JHA
MOST RESPECTFULLY SHEWETH:
1. That the aforesaid case is pending adjudication before this
Hon’ble Court and the same is fixed for today.
2. That the present Application is preferred under Section 91 of
Code of Criminal Procedure, 1973 by Accused No.1- Mr
Sunil Kumar Jha and Accused No. 2- Mrs. Bindu Jha for
supply of the hard disk which was deposited to the
Investigating Officer by the aforesaid accused persons during
the investigation of the case and copy of the receipt is
annexed as “ANNEXURE- A” for the kind perusal of the
Hon’ble Court.
3. That the aforementioned matter is pending adjudication before
this Hon'ble Court and is pending for scrutiny of documents
of chargesheet and supplementary chargesheet.
4. That the hard disk contains sterling data i.e. raw footages of
Complainant’s interview with the channel, business portion
programmes, raw footages of Marriage ceremony of
Complainant’s son and recordings of most of the services that
were provided by the Accused Persons.
5. That it is pertinent to highlight that in order to effective
assist/address the Court at the stage of arguments Charge, the
above mentioned Hard Disk is quintessential. It is relevant
that the accused must be aware of the material collected
during the course of investigation.
6. That the valuable data is transferred in to the Hard Disk which
the Accused has given to the Investigating Officer at the time
of Investigation.
6. That the Hard Disk is not available to the Accused Persons. It
is prayed to supply the Hard Disk appended with the
Chargesheet.
5. That the list of documents which are ill-legible/incomplete are
as follows:-
5.1. Statement of Account No. 8511720479 maintained with
Kotak Mahindra Bank from date 07/05/2016 - 16/08/2018.
5.2. Reply dated 06/05/2019 issued by Dr.Tejinder Pal Singh on
behalf of M/s. Express Broadcasting Pvt. Ltd. to ShPawan
Kumar, Inspector, Section III/EOW Mandir Marg, New Delhi.
5.3. Complaint dated 01/08/2019 preferred to Ministry of
Information and Broadcasting, New Delhi by the Complainant.
6. That the list of documents which are not supplied to the
Accused persons are as follows:-
6.1. Copy of Bill of Rs. 26,43,375/- issued by AV Tech Digital
EquipmentsPvt. Ltd. in the name of Viceroy Engg. [Referred in
Letter dated 20/04/2018 issued by the Complainant enclosing
certain documents]
6.2. Copy of Bill of Rs. 18,56,625/- issued by AV Tech Digital
EquipmentsPvt. Ltd. in the name of Viceroy Engg. [Referred in
Letter dated 20/04/2018 issued by the Complainant enclosing
certain documents]
6.3. Copies of signatures as exhibit A1 to A12 as analysed in
FSL Report dated 23/09/2019 of Sh. PanditLaxman Das
(Complainant)
6.4. Letter no. 435/R-ACP/Sec-III/EOW dated 22/04/2019 issued
by Pawan Kumar Inspector, EoW. [Reference in letter dated
06/05/2019 issued by Dr.Tajinder Pal Singh]
6.5.Enclosures to Statement of Ranjit Singh, Corporate Head -
Legal & Secretarial and Regulatory Dish TV India Ltd. dated
01/05/2018
6.6. Enclosures to statement dated 26/03/2018 issued by Sunil
Kumar Jha
6.7. Attachments to statement dated 01/05/2018 issued by Sunil
Kumar Jha
6.8. Hard disc/electronic document appended along statement
dated 21/05/2018 issued by Sunil Kumar Jha
7. That the Hon'ble Supreme Court in its judgment-'Criminal
Trials Guidelines Regarding Inadequacies and Deficiencies.
In re' reported as (2021) 10 SCC 598 observed-
"11....This Court is of the opinion that while furnishing the list of
statements, documents and material objects under Sections
207/208 CrPC, the Magistrate should also ensure that a list of
other materials, (such as statements, or objects/documents seized,
but not relied on) should be furnished to the accused. This is to
ensure that in case the accused is of the view that such materials
are necessary to be produced for a proper and just trial, she or he
may seek appropriate orders, under CrPC for their production
during the trial in the interests ofjustice. It is directed
accordingly; the Draft Rules have been accordingly modified.
[Rule 4(1)]"
[Emphasis Supplied]
8. That Hon'ble High Court of Delhi in its recent judgment 'CBI
v. INX Media Pvt. Ltd. and others' reported as (2021) 284
DLT 496 applied the law laid down by Hon'ble Apex Court in its
judgment- 'Criminal Trial Guidelines' (supra) and observed that
the accused could take the benefit of the un-relied documents at
the stage of framing of charge only when he is aware of such
documents recovered during investigation. The Court, in the facts
of the case directed CBI for the access of the unrelied documents
which are not relied by the prosecution.
9. That the Hon'ble High Court in its judgment 'Arvind
Kejriwal and Another v. State NCT of Delhi' reported as
(2021) 278 DLT 193 observed:-
"42. It cannot be disputed that the duty of the investigating
agency is to do free and fair investigation by bringing to the
notice of the court all the evidences collected during the
investigationwithout pick and choose the one which does not
support them. The accused has been provided with definite right
under the provisions ofCr.P.C and the constitutional mandate to
face the charge against him by a fair investigation and trial."
[Emphasis Supplied]
10. That the justiceinstant Application is bonafide and in the
interest of justice
PRAYER
In the facts and attending circumstances highlighted above it is
most humbly prayed that this Hon'ble Court may graciously be
pleased to-
(1) Allow the present application and consequently direct the
Investigating Officer to provide copies/list of unrelied documents
to the Accused person
(ii) Direct the Investigating Officer to provide legible and clear
copies of the documents as requested for in paragraph no. 5 of
the Application
(iii) Direct the Investigating Officer to provide copies of the
document which are not supplied with the Chargesheet
(iv) Direct the Investigating Officer to place on record of the
Hon'ble Court a copy of all the complaints/ representations
preferred by the complainant before the EOW with regard to the
present dispute and the notings reflecting the action taken
thereon. Further a copy of the said material be also supplied to
the applicants/accused.
(v) Pass any other or further Order(s) as this Hon'ble Court may
deem fit in the interest of justice, equity and good conscience.
AND FOR THIS ACT OF KINDNESS THE APPLICANT
ACCUSED ABOVE NAMED SHALL DULY BOUND EVER
PRAY
Applicant/Accused No.1 and No.2
New Delhi
Dated:
MURARI TIWARI & ASSOCIATES
ADVOCATE PAYAL DHUPAR
¬ COUNSELS FOR PLAINTIFF
OFF AT: A-141, DEFENCE COLONY
NEW DELHI-110024
MOB. NO. 9811125857, 9810794901
ID:
[email protected] BEFORE MS. SONAM GUPTA LEARNED CHIEF
METROPOLITAN MAGISTRATE, WEST DISTRICT, TIS
HAZARI DISTRICT COURT, DELHI
CRIMINAL CASE NO. 5697/2020
IN THE MATTER OF:
State of NCT Delhi
...Prosecution
Versus
Sunil Kumar Jha and Ors...Accused Persons
AFFIDAVIT IN SUPPORT OF APPLICATION
I, Sunil Kumar Jha, S/o Sh. Gopi Kant Jha, aged about 56 years
R/o Flat No. 06, 4th Floor, Sadar Apartment, MayurVihar Phase
1, New Delhi-110070, presently at New Delhi, do hereby
solemnly affirm and declare as under:
1.I say that, I am the Applicant/Accused No. 1 in the
accompanying application. I say that, I well conversant with the
facts and circumstances of the present case and am, therefore,
competent to swear the present affidavit.
2.I say that, the accompanying application has been drafted under
my instructions and I have read over and understood the contents
of the same.
3.I say that, the contents of the accompanying application are
true and correct to the best of my knowledge and belief.
4.I say that, no part of this affidavit is false and nothing material
is concealed therefrom.
DEPONENT
VERIFICATION:
I, the above-named deponent do hereby solemnly verify and
affirm that the 'contents of the present affidavit are true and
correct to the best of my knowledge and belief, no part of it is
false, and nothing material has been concealed therefrom.
Verified at New Delhi on this Day of ,2024
DEPONENT
