Delhi High Court Upholds Dismissal of Document Request in CBI Investigation

Court rules accused cannot demand documents during ongoing investigation, upholding CBI's stance on document access.

In a significant ruling, the Delhi High Court has upheld the dismissal of an application filed by Shantanu Prakash, a former director of Educomp Infrastructure and School Management Limited (EISML), seeking access to company documents during an ongoing investigation by the Central Bureau of Investigation (CBI). The case revolves around allegations of financial fraud involving a substantial loss to a consortium of banks.

Justice Neena Bansal Krishna ruled that under Section 91 of the Criminal Procedure Code, 1973, the accused cannot compel the production of documents during the investigation phase. The court emphasized that the power to summon documents is discretionary and must be exercised when deemed necessary or desirable for the investigation, inquiry, trial, or other proceedings.

The petitioner, Shantanu Prakash, argued that he required access to documents related to transactions from 2007 to 2010 to respond effectively to CBI queries. However, the court noted that the petitioner could not use Section 91 to dictate the course of the investigation or demand specific documents for convenience during interrogation.

The court highlighted that the investigation is the exclusive prerogative of the investigating agency, and the accused must cooperate based on personal knowledge. It clarified that documents already in the possession of the investigating officer cannot be demanded by the accused to facilitate responses.

The CBI is investigating a case of alleged financial fraud, with accusations of misuse of term loans by EISML, leading to a wrongful loss of approximately Rs. 806.07 crores to the banks. The court upheld the CBI's approach, stating that the accused is entitled to document access only after the chargesheet is filed, as per Section 207 of the Criminal Procedure Code.

The judgment reiterated the importance of a fair investigation, ruling that the accused could not claim document production for convenience. It concluded that while the accused should be given adequate time to review documents during interrogation, the demand for document production was premature at this stage of the investigation.

The decision underscores the legal principle that investigative agencies maintain autonomy in their processes, balancing fairness and procedural integrity.

Bottom Line:

Section 91 Cr.P.C. - Accused cannot invoke Section 91 Cr.P.C. to compel production of documents during the pendency of investigation for facilitating his answers to Investigating Officer's queries.

Statutory provision(s): Section 91, Criminal Procedure Code, 1973; Section 207, Criminal Procedure Code, 1973; Section 173, Criminal Procedure Code, 1973; Section 482, Criminal Procedure Code, 1973; Article 21, Constitution of India.

Shantanu Prakash v. CBI, (Delhi) : Law Finder Doc Id # 2820310