Jammu & Kashmir High Court – Srinagar Bench
Mohammad Ashraf Sheikh vs Union Territory Through Police Station … on 15 July, 2026
Serial No.99
Supplementary Cause List-I
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CRM(M) 482/2026
CrlM(1102/2026)
Mohammad Ashraf Sheikh. ...Petitioner(s)
Through: Mr. Imtiyaz Ahmad Sofi, Advocate.
Vs.
Union Territory Through Police Station VOK ...Respondent(s)
& Others.
Through:
CORAM: HON'BLE MR. JUSTICE SHAHZAD AZEEM, JUDGE.
ORDER
15.07.2026
1. Keeping in view the controversy involved in the matter, this
petition is taken on Board for disposal at this state.
2. The petitioner has invoked the jurisdiction of this Court under
Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)
seeking setting aside of the order dated 30th June, 2026 passed by the
court of learned Special Judge, Anti-Corruption, Srinagar (the Trial
Court) in an application seeking direction to the prosecution for
providing the copies of relevant documents/documentary evidence seized
and produced in criminal file No. 21/B titled State of J&K through VOK
Srinagar vs Mohd. Ashraf Sheikh & Ors.
3. The precise case set up by the petitioner is that he is facing trial
before the Trial Court and which is pending for the cross examination of
the IO. It is submitted by the learned counsel for the petitioner that the
prosecution did not provide him the complete paper book/record of the
challan, therefore, he is not in a position to effectively defend himself and
cross-examine the prosecution witnesses.
4. It is further stated that an application dated 25th June, 2026
came to filed by the petitioner before the Trial Court, seeking supply of
relevant record/material seized during the investigation, so that he may
effectively cross-examine the witnesses.
5. On finding that no order is passed by the Trial Court, the
petitioner was compelled to file another application on 29th June, 2026,
praying therein for supply of the relevant documents/ documentary
evidence collected and relied upon by the prosecution in the case, but the
Trial Court vide impugned order dated 30th June, 2026 after taking note
of the factual background of the case went on to note that neither the
petitioner has mentioned the specific document of which copy is required
to him, nor applied for the certified copies of the same, therefore,
proceeded to dispose of the application, with a liberty to the petitioner to
peruse the record as same being voluminous, running over hundred
pages.
6. Heard and considered.
7. The primary purpose of supplying the documents filed with the
police report to the accused is to ensure a fair trial, upholding the
principles of natural justice and enabling the accused to effectively
prepare and present his defence. This is a fundamental safeguard rooted
in Article 21 of the Constitution of India, being one of the facets of right
to have a fair trial. It is also noteworthy that Section 230 of BNSS enjoins
upon the court to supply the copy of police report and other documents to
the accused free of cost.
8. It is also true that Section 230 of BNSS provides that if the
court is satisfied that if such document is voluminous, accused can be
allowed to inspect it or furnish copies thereof, through electronic means.
9. The decision can be arrived by the court to allow the accused to
inspect the documents, if in its wisdom, the same is voluminous.
Nonetheless, at first place, the court has to made all endeavor to ensure a
fair trial and same cannot be comprehended without supplying the
accused the relevant material/document which the prosecution is going to
prove to bring home the charge against him.
10. It is seen that if the application of the petitioner was too general
to be considered, the trial court has equally turned down the plea of the
petitioner on general and vague grounds that the accused can only be
allowed to inspect the record and it is inexpedient in public interest to
provide the copies, as he failed to apply for the certified copies of the
relevant record.
11. It goes without saying that it is the duty of the court to provide
documents to the accused free of cost and the court cannot insist the
accused to get the certified copies of the relevant record, which is beyond
the pale of the jurisdiction of the trial court.
12. On testing the impugned order on the touchstone of law, same
does not sustain, therefore, the impugned order dated 30th June, 2026 is
set aside and the learned Trial Court is directed to issue relevant
documents/record, if necessary in electronic form, after receiving fresh
application from the petitioner incorporating therein the specific/relevant
documents required for preparing his defence before the trial court.
13. The petition is accordingly disposed of along with connected
application in the manner indicated above.
(SHAHZAD AZEEM)
JUDGE
SRINAGAR:
15.07.2026
“Hamid”
Abdul Hamid Bhat
I attest to the accuracy and
authenticity of this document
15.07.2026
