Allahabad High Court
Central Bureau Of Investigation / Anti ... vs Vimal Kumar Bhargava on 28 October, 2025
Author: Saurabh Lavania
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Neutral Citation No. - 2025:AHC-LKO:66993
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
APPLICATION U/S 482 No. - 7887 of 2025
Central Bureau Of Investigation / Anti Corruption Branch Lko. Thru. I.O.
.....Applicant(s)
Versus
Vimal Kumar Bhargava
.....Opposite Party(s)
Counsel for Applicant(s)
:
Aakash Prasad
Counsel for Opposite Party(s)
:
Pranshu Agrawal, Chandan Srivastava
Court No. - 13
HON'BLE SAURABH LAVANIA, J.
1. Heard Sri Aakash Prasad, learned counsel for the applicant/Central Bureau of Investigation (in short "CBI") and Sri Chandan Srivastava, learned counsel for the sole opposite party.
2. By means of instant application preferred under Section 528 B.N.S.S., akin to Section 482 Cr.P.C. (now repealed), the applicant/CBI has impeached the order dated 02.07.2025, whereby the trial court namely Special Judge, Anti Corruption Act, C.B.I., Court No. 4, Lucknow has directed the applicant to provide the copy of case diary to the accused/opposite party/Vimal Kumar Bhargava.
3. The applicant/CBI has also challenged the consequential order(s) dated 10.07.2025, 14.07.2025, 21.07.2025 and 22.07.2025 passed by the trial court.
4. In addition, the applicant/CBI has also sought the relief with regard to pending discharge application preferred by the accused/opposite party which relates to direction to the trial court to decide the discharge application in terms of Section 192(5) B.N.S.S., 2023.
5. The main prayer(s) sought in this application are extracted hereunder:-
"WHEREFORE, it is most respectfully prayed that his Hon'ble Court may graciously be pleased to quash/set aside the Impugned orders dated 02.07.2025 and may be further pleased to set aside the impugned orders dated 10.07.2025, 14.07.2025, 21.07.2025 22.07.2025 (Annexure -1 colly) to the extent it observes that the time was sought by the Applicant to provide copy of the case diary to the accused-applicant which is contrary to record; all the orders above being passed by the Ld. Special Judge, Anti-Corruption, CBI Court No. 4, Lucknow in Criminal Case No. 2984 of 2023 (CBI vs Vimal Kumar Bhargav).
The Ld. Special Judge, Anti-Corruption, CBI Court No. 4, Lucknow may further be directed to decide the plea of discharge moved by the respondent-accused after a perusal of the case diary and after hearing submissions of the Ld. Counsel for the parties in accordance with law without providing a copy or any extract thereof of the case diary to the accused-applicant or his agents in terms of Section 192(5) BNSS, 2023."
6. At the very outset, learned counsel for the applicant says that he is only pressing this application with regard to first part of prayers(s) and the present application be dismissed as not pressed with regard to prayer related to discharge application, which is to the effect that "WHEREFORE, The Ld. Special Judge, Anti-Corruption, CBI Court No. 4, Lucknow may further be directed to decide the plea of discharge moved by the respondent-accused after a perusal of the case diary and after hearing submissions of the Ld. Counsel for the parties in accordance with law without providing a copy or any extract thereof of the case diary to the accused-applicant or his agents in terms of Section 192(5) BNSS, 2023."
7. In view of above, the instant application is dismissed as not pressed so far as it relates to prayer referred in paragraph 6 of this order.
8. With regard to former part of first prayer, quoted above, related to quashing of order dated 02.07.2025 and consequential order(s), learned counsel for the applicant has placed reliance on paragraph 27 of the judgment passed by the Hon'ble Apex Court in the case of Sidharth and others vs. State of Bihar, (2005) 12 SCC 545, which reads as under:-
"27. Lastly, we may point out that in the present case, we have noticed that the entire case diary maintained by the police was made available to the accused. Under Section 172 of the Criminal Procedure Code, every police officer making an investigation has to record his proceedings in a diary setting forth the time at which the information reached him, the time at which he began and closed his investigation, the place or places visited by him and a statement of the circumstances ascertained through his investigation. It is specifically provided in sub-clause (3) of Section 172 that neither the accused nor his agents shall be entitled to call for such diaries nor shall he or they be entitled to see them merely because they are referred to by the court, but if they are used by the police officer who made them to refresh his memory, or if the court uses them for the purpose of contradicting such police officer, the provisions of Section 161 CrPC or the provisions of Section 145 of the Evidence Act shall be complied with. The court is empowered to call for such diaries not to use it as evidence but to use it as aid to find out anything that happened during the investigation of the crime. These provisions have been incorporated in the Code of Criminal Procedure to achieve certain specific objectives. The police officer who is conducting the investigation may come across a series of information which cannot be divulged to the accused. He is bound to record such facts in the case diary. But if the entire case diary is made available to the accused, it may cause serious prejudice to others and even affect the safety and security of those who may have given statements to the police. The confidentiality is always kept in the matter of criminal investigation and it is not desirable to make available the entire case diary to the accused. In the instant case, we have noticed that the entire case diary was given to the accused and the investigating officer was extensively cross-examined on many facts which were not very much relevant for the purpose of the case. The learned Sessions Judge should have been careful in seeing that the trial of the case was conducted in accordance with the provisions of CrPC."
9. Further reliance has also been placed on paragraph 15 of the judgment passed by the Hon'ble Apex Court in the case of Balakram vs. State of Uttrakhand and others, (2017) 7 SCC 668, which reads as under:-
"15. The police diary is only a record of day-to-day investigation made by the investigating officer. Neither the accused nor his agent is entitled to call for such case diary and also are not entitled to see them during the course of inquiry or trial. The unfettered power conferred by the statute under Section 172(2) CrPC on the court to examine the entries of the police diary would not allow the accused to claim similar unfettered right to inspect the case diary."
10. Further, learned counsel for the applicant has also placed reliance upon Section 192 B.N.S.S., akin to Section 172 Cr.P.C. (now repealed) and Section 230 B.N.S.S., akin to Section 207 Cr.P.C. (now repealed), based upon which, he says that the order dated 02.07.2025 passed by the trial court thereby directing the applicant to provide the copy of case diary to the accused/opposite party/Vimal Kumar Bhargava is unsustainable in the eye of law.
11. At this stage, it would be appropriate to reproduce Section 192 B.N.S.S., Section 172 Cr.P.C. (now repealed), Section 230 B.N.S.S. and Section 207 Cr.P.C. (now repealed) for ready reference.
(a) Section 192 B.N.S.S., akin to Section 172 Cr.P.C. (now repealed).
"192. Diary of proceedings in investigation.-(1) Every police officer making an investigation under this Chapter shall day by day enter his proceedings in the investigation in a diary, setting forth the time at which the information reached him, the time at which he began and closed his investigation, the place or places visited by him, and a statement of the circumstances ascertained through his investigation.
(2) The statements of witnesses recorded during the course of investigation
under Section 180 shall be inserted in the case diary.
(3) The diary referred to in sub-section (1) shall be a volume and duly paginated.
(4) Any Criminal Court may send for the police diaries of a case under inquiry or trial in such Court, and may use such diaries, not as evidence in the case, but to aid it in such inquiry or trial.
(5) Neither the accused nor his agents shall be entitled to call for such diaries, nor shall he or they be entitled to see them merely because they are referred to by the Court; but, if they are used by the police officer who made them to refresh his memory, or if the Court uses them for the purpose of contradicting such police officer, the provisions of Section 148 or Section 164, as the case may be, of the Bharatiya Sakshya Adhiniyam, 2023, shall apply."
(b) Section 172 Cr.P.C. (now repealed).
"172. Diary of proceedings in investigation.-(1) Every police officer making an investigation under this Chapter shall day by day enter his proceedings in the investigation in a dairy, setting forth the time at which the information reached him, the time at which he began and closed his investigation, the place or places visited by him, and a statement of the circumstances ascertained through his investigation.
[(1-A) The statements of witnesses recorded during the course of investigation under Section 161 shall be inserted in the case diary.
(1-B) The diary referred to in sub-section (1) shall be a volume and duly paginated.]
(2) Any criminal court may send for the police diaries of a case under inquiry or trial in such Court, and may use such diaries, not as evidence in the case, but to aid it in such inquiry or trial.
(3) Neither the accused nor his agents shall be entitled to call for such diaries, nor shall he or they be entitled to see them merely because they are referred to by the Court; but, if they are used by the police officer who made them to refresh his memory, or if the Court uses them for the purpose of contradicting such police officer, the provisions of Section 161 or Section 145, as the case may be, of the Indian Evidence Act, 1872 (1 of 1872), shall apply."
(c) Section 230 B.N.S.S., akin to Section 207 Cr.P.C. (now repealed).
"230. Supply to accused of copy of police report and other documents.-In any case where the proceeding has been instituted on a police report, the Magistrate shall without delay, and in no case beyond fourteen days from the date of production or appearance of the accused, furnish to the accused and the victim (if represented by an advocate) free of cost, a copy of each of the following:-
(i) the police report;
(ii) the first information report recorded under Section 173;
(iii) the statements recorded under sub-section (3) of Section 180 of all persons whom the prosecution proposes to examine as its witnesses, excluding therefrom any part in regard to which a request for such exclusion has been made by the police officer under sub-section (7) of Section 193;
(iv) the confessions and statements, if any, recorded under Section 183;
(v) any other document or relevant extract thereof forwarded to the Magistrate with the police report under sub-section (6) of Section 193:
Provided that the Magistrate may, after perusing any such part of a statement as is referred to in clause (iii) and considering the reasons given by the police officer for the request, direct that a copy of that part of the statement or of such portion thereof as the Magistrate thinks proper, shall be furnished to the accused:
Provided further that if the Magistrate is satisfied that any such document is voluminous, he shall, instead of furnishing the accused and the victim (if represented by an advocate) with a copy thereof, may furnish the copies through electronic means or direct that he will only be allowed to inspect it either personally or through an advocate in Court:
Provided also that supply of documents in electronic form shall be considered as duly furnished."
(d) Section 207 Cr.P.C. (now repealed).
"207. Supply to the accused of copy of police report and other documents.- In any case where the proceeding has been instituted on a police report, the Magistrate shall without delay furnish to the accused, free of cost, a copy of each of the following:-
(i) the police report;
(ii) the first information report recorded under Section 154;
(iii) the statements recorded under sub-section (3) of Section 161 of all persons whom the prosecution proposes to examine as its witnesses, excluding therefrom any part in regard to which a request for such exclusion has been made by the police officer under sub-section (6) of Section 173;
(iv) the confessions and statements, if any, recorded under Section 164;
(v) any other document or relevant extract thereof forwarded to the Magistrate with the police report under sub-section (5) of Section 173:
Provided that the Magistrate may, after perusing any such part of a statement as is referred to in clause (iii) and considering the reasons given by the police officer for the request, direct that a copy of that part of the statement or of such portion thereof as the Magistrate thinks proper, shall be furnished to the accused:
Provided further that if the Magistrate is satisfied that any document referred to in clause (v) is voluminous, he shall, instead of furnishing the accused with a copy thereof, direct that he will only be allowed to inspect it either personally or through pleader in Court."
12. Based upon the aforesaid, learned counsel for the applicant stated that the trial court which includes the court of Sessions and the court of Magistrate, as the case may be, is under obligation to provide the documents as indicated under Section 207 Cr.P.C. (now repealed), akin to Section 230 B.N.S.S., and in the instant case, the trial court has exceeded the jurisdiction by directing the applicant to provide the copy of case diary indicated under Section 172 Cr.P.C. (now repealed), akin to Section 192 B.N.S.S. Thus, indulgence of this Court is required in the matter. The prayer is to allow the instant application.
13. On the contrary, learned counsel for the opposite party could not dispute the aforesaid contentions of applicant's counsel.
14. Considered the aforesaid and perused the record.
15. Upon due consideration of the aforesaid and also the settled proposition of law on the issue, referred above, as well as the relevant provisions of law, quoted above, this Court finds that the instant application is liable to be allowed in part and the order dated 02.07.2025 passed by the trial court is liable to be set-aside. The order dated 02.07.2025 is accordingly set-aside.
17. The instant application is allowed in part with the aforesaid.
(Saurabh Lavania,J.) October 28, 2025 Arun/-
