Delhi Coaching Centre Deaths: High Court Upholds Order Allowing Rau's IAS Owner To Photocopy Financial Documents Seized By CBI
The Delhi High Court has granted relief to owner of Rau's IAS coaching centre, where three civil services aspirants had died by drowning after flooding of the institute's basement with rainwater, in July last year.Justice Amit Mahajan upheld a trial court order allowing the owner to obtain photocopy of certain financial documents which were seized by Central Bureau of Investigation (CBI) from...
The Delhi High Court has granted relief to owner of Rau's IAS coaching centre, where three civil services aspirants had died by drowning after flooding of the institute's basement with rainwater, in July last year.
Justice Amit Mahajan upheld a trial court order allowing the owner to obtain photocopy of certain financial documents which were seized by Central Bureau of Investigation (CBI) from his office.
The Court dismissed the petition filed by the father of a deceased, challenging the trial court order, stating that the case was still under active consideration.
On the other hand, it was the owner's case that since the documents in question did not form part of the investigation and were only the financial documents belonging to him, the same would also not prejudice the investigation.
The CBI took the stand that only a photocopy of the financial documents were being given to him, which would not prejudice the investigation being conducted in the case.
Dismissing the plea, the Court said that it fails to understand how enabling the owner to get photocopies of certain documents that were seized from his office will prejudice the case of the prosecution, especially when no such objection is raised by CBI.
The Court perused Section 230 of the BNSS, which pertains to supply of copy of police report and other documents to the accused, and observed that the provision cannot be misconstrued so as to mean that the Court is precluded from supplying any document that is or is not a part of the investigation.
“The provision does not put any embargo on the Court to not order supply of documents that are part of the investigation to the accused and such a blanket restriction cannot be read into the intention of the legislature,” the Court said.
It added that the position does not mean that the accused can claim to have an indefeasible right to supply of any such material before the filing of the police report.
The Court said that it cannot be ignored that not every document that is seized during the course of investigation is relevant and may not be relied upon by the prosecution to prove its case.
“Further, the Courts are well within their power to refuse any such prayer if the material or documents so sought have the potential of prejudicing the investigation. In the present case, however, Respondent No.2 has sought his financial documents from the premises of RAU's IAS Study Circle,” the Court concluded.
Title: J. DALVIN SURESH v. CENTRAL BUREAU OF INVESTIGATION& ANR.
Citation: 2025 LiveLaw (Del) 435