Shantanu Prakash Vs CBI (Delhi High Court)
The Delhi High Court dismissed a petition filed under Section 482 Cr.P.C. challenging an order that refused an accused’s request under Section 91 Cr.P.C. for production of documents from the Central Bureau of Investigation (CBI) and consortium banks during an ongoing investigation. The petitioner, a former director of a company that had undergone Corporate Insolvency Resolution Process (CIRP), sought documents relating to transactions from 2007–2010, contending that the records were no longer in his possession after CIRP and were necessary to answer investigative queries fairly.
The Court traced the background: following a complaint by a bank, the CBI registered an FIR alleging conspiracy, cheating, criminal breach of trust, and corruption, and issued summons to the petitioner. The petitioner’s requests to banks, the CBI, and the post-resolution management for documents were declined. An application under Section 91 Cr.P.C. before the Special Judge was dismissed as premature, holding that an accused cannot dictate the course of investigation or demand documents at that stage.
Before the High Court, the petitioner argued that Section 91 is an enabling provision applicable even during investigation; that the test of bias is alien to Section 91; that denial of documents impaired his right to a fair investigation under Article 21; and that he should not be compelled to wait until the charge sheet when present prejudice existed. He relied on Supreme Court precedents to submit that relevant material affecting the sustainability of proceedings ought to be considered and that no prejudice would be caused by producing non-classified documents.
