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Supreme Court of India · 07/11/2022

P. PONNUSAMY versus THE STATE OF TAMIL NADU

[2022] 15 S.C.R. 265 · 2022 INSC 1177

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Summary

A death reference and the connected appeals were listed for final hearing before the Madras High Court. The appellant, relying on Manoj v. State of Madhya Pradesh, wrote to the police asking for documents and then challenged the hearing date in the Supreme Court. All three judges dismissed the appeal as a delaying tactic. Trivedi J. held that Draft Rule 4 of the Criminal Practice Rules would bind only once adopted, and only at the investigation and trial stages. Bhat J., for himself and Lalit CJ, disagreed on that point. The accused's right to a list of unrelied material flows from the Court's own 2021 order. The right is exercised once at trial, and at the appellate stage only under Section 391 CrPC.

Issues

  1. Whether an accused may stall the hearing of a death reference and appeals by demanding, under Manoj v. State of Madhya Pradesh and Draft Rule 4 of the Draft Rules of Criminal Practice, 2021, documents seized but not relied upon by the prosecution.
  2. Whether the disclosure requirement in Manoj applies before the Draft Rules are adopted by High Courts and States, and at what stage.

Provisions considered

Held

Result

Criminal Appeal No. 1926 of 2022 against the Madras High Court's order dated 14.09.2022 in R.T. No. 2 of 2021 dismissed; registry directed to circulate the order to all High Courts.

Judgment PDF: Supreme Court of India, [2022] 15 S.C.R. 265.