Ramji Patel @ Panda vs The State Of Madhya Pradesh

NEUTRAL CITATION NO. 2026:MPHC-JBP:55393
1 MCRC-31595-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR

BEFORE
HON'BLE SHRI JUSTICE HIMANSHU JOSHI
th
ON THE 17 OF JULY, 2026
MISC. CRIMINAL CASE No. 31595 of 2026
RAMJI PATEL @ PANDA
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Amit Kumar Soni along with Anupam Soni - Advocate for the petitioner,.
Shri Kamalnath Nayak - P.L. for the respondent/State.
ORDER
The present petition has been preferred under Section 528 of the
Bharatiya Nagarik Suraksha Sanhita, 2023, for setting aside the order dated
11.05.2026 passed by the learned Trial Court in Sessions Trial No.16/2026
arising out of Crime No.517/2025 registered at Police Station Amiliya,
District Sidhi, whereby the application filed by the applicant under Section
230 of the BNSS seeking supply of copies of CCTV footage and
photographs forming part of the charge-sheet was rejected.
2. The facts, in brief, are that Crime No.517/2025 was registered
against the applicant and other co-accused for offences punishable under
Sections 190, 191(3), 61(2), 336(G), 322(B), 324(5) and 324(6) of the
Bharatiya Nyaya Sanhita, 2023. After completion of investigation qua the
present applicant and one co-accused, Pushpraj Patel, the police submitted
the final report on 30.12.2025 before the competent Court. According to the
applicant, although copies of the charge-sheet and relied upon documents
Signature Not Verified
Signed by: JASLEEN SINGH
SALUJA
Signing time: 28-07-2026
10:48:42

NEUTRAL CITATION NO. 2026:MPHC-JBP:55393
2 MCRC-31595-2026
were supplied in compliance with Section 230 of the BNSS, the CCTV

footage and photographs of the place of occurrence, though specifically
mentioned in the list of relied documents accompanying the charge-sheet,
were not furnished. Consequently, the applicant moved an application before
the Trial Court seeking supply of the said material. The learned Trial Court,
by the impugned order dated 11.05.2026 (Annexure A/2), dismissed the
application holding that other accused persons were still absconding and
supply of CCTV footage and photographs might prejudice the investigation
against them. However, the Court observed that the applicant may inspect the
CCTV footage and photographs before the Court after obtaining permission.
3. Learned counsel for the applicant submitted that Section 230 of
the BNSS casts a mandatory obligation upon the investigating agency to
furnish to the accused copies of all documents and electronic records relied
upon by the prosecution while filing the police report. It was contended that
once the prosecution itself proposes to rely upon CCTV footage and
photographs as part of the charge-sheet, denial of copies thereof defeats the
statutory right of the accused to prepare an effective defence and violates the
principles of fair trial. It was submitted that the reason assigned by the Trial
Court, namely that absconding accused may derive benefit from such
material, is wholly extraneous to the mandate of Section 230 of the BNSS.
Therefore, the impugned order deserves to be set aside and the prosecution
be directed to furnish complete copies of the CCTV footage and photographs
relied upon in the charge-sheet.
4 . Per contra, learned Panel Lawyer appearing for the State
Signature Not Verified
Signed by: JASLEEN SINGH
SALUJA
Signing time: 28-07-2026
10:48:42

NEUTRAL CITATION NO. 2026:MPHC-JBP:55393
3 MCRC-31595-2026
supported the impugned order and submitted that the Trial Court has

exercised due caution in balancing the right of the accused with the necessity
of protecting the ongoing investigation against the absconding accused
persons. It was contended that the applicant has not been denied access to the
material altogether and has merely been directed to inspect the CCTV
footage and photographs in the Court after obtaining permission. Such a
course adequately safeguards the rights of the accused while ensuring that
the electronic evidence is not misused or circulated in a manner prejudicial
to the pending investigation against the absconding accused. It was therefore
prayed that no interference is called for in exercise of inherent powers under
Section 528 of the BNSS.
5. Having heard learned counsel for the parties and upon perusal of
the record, this Court finds no infirmity in the order passed by the learned
Trial Court warranting interference under Section 528 of the BNSS.
Although Section 230 of the BNSS obligates the prosecution to furnish
copies of the police report and the documents relied upon therein, such right
is not absolute in every factual situation. Where the Trial Court finds that
unrestricted supply of electronic evidence may adversely affect the
investigation or facilitate absconding accused persons in frustrating the
prosecution, it is competent to adopt a balanced procedure consistent with
the principles of fair trial. In the present case, the learned Trial Court has
recorded specific reasons that several accused persons are still absconding
and the CCTV footage constitutes relevant evidence against them. At the
same time, the Court has not denied access to the applicant but has permitted
Signature Not Verified
Signed by: JASLEEN SINGH
SALUJA
Signing time: 28-07-2026
10:48:42

NEUTRAL CITATION NO. 2026:MPHC-JBP:55393
4 MCRC-31595-2026
inspection of the CCTV footage and photographs before the Court through

counsel upon obtaining permission. Thus, the applicant's right to know the
material relied upon by the prosecution has been adequately protected while
simultaneously safeguarding the interest of justice and the ongoing
investigation.
6. The inherent jurisdiction under Section 528 of the BNSS is
intended to prevent abuse of the process of the Court or to secure the ends of
justice and is not meant to substitute the discretionary orders of the Trial
Court merely because another view is possible. The impugned order reflects
a judicious exercise of discretion and does not suffer from any jurisdictional
error, perversity or patent illegality warranting interference.
7 . Accordingly, the petition is dismissed. However, it is observed
that the applicant shall be at liberty to inspect the CCTV footage and
photographs forming part of the charge-sheet before the Trial Court through
counsel after obtaining appropriate permission, and the Trial Court shall
facilitate such inspection within a reasonable time so as to ensure that the
applicant is not prejudiced in the conduct of his defence.
(HIMANSHU JOSHI)
JUDGE
Jasleen

Signature Not Verified
Signed by: JASLEEN SINGH
SALUJA
Signing time: 28-07-2026
10:48:42