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2022 (5) TMI 1610 - SUPREME COURTEntitlement to the preliminary report - violation of the rights of the Appellant-Accused - allegation against the Appellant is that while he was serving as a Minister, he is alleged to have misused his powers to influence the tender process and ensured that tenders were awarded to his close aides - violation of principles of natural justice - HELD THAT:- Initiation of the FIR in the present case stems from the writ proceedings before the High Court, wherein the State has opted to re-examine the issue in contradiction of their own affidavit and the preliminary report submitted earlier before the High Court stating that commission of cognizable offence had not been made out. It is in this background it is held that the mandate of Section 207 of Code of Criminal Procedure cannot be read as a provision etched in stone to cause serious violation of the rights of the Appellant-Accused as well as to the principles of natural justice. Viewed from a different angle, it must be emphasized that prosecution by the State ought to be carried out in a manner consistent with the right to fair trial, as enshrined Under Article 21 of the Constitution. When the State has not pleaded any specific privilege which bars disclosure of material utilized in the earlier preliminary investigation, there is no good reason for the High Court to have permitted the report to have remained shrouded in a sealed cover. Taking into consideration the peculiar facts of the instant case, particularly the fact that the High Court had ordered an enquiry and obtained a report without furnishing a copy thereof to the Appellant and unceremoniously closed the writ petition, High Court is directed to supply a copy of the report submitted by Ms. R. Ponni, Superintendent of Police along with the other documents to the Appellant herein. The appeal is disposed of.
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