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Tag: CrPC 91 – Summons to produce document or other thing

Shyam Manohar Saxena Vs CBI and Ors on 1 Jul 2019

Posted on July 13, 2021 by ShadesOfKnife

A single judge bench of Delhi High Court found the Trial Court to be erring in not allowing a 91 CrPC petition sought by the accused citing wrong reasons. Each of such error is clearly called out and hung to dry.

From Para 30,

25. The reasoning given by the Trial Court that specific particulars or dates of meetings have not been given is ex-facie unsubstantiated. The list of documents, as extracted hereinabove, clearly shows that the petitioner has given requisite particulars so as to identify the relevant documents. It may further be noticed that subject application was filed along with an application under Section 315 Cr.P.C filed by the petitioner as well as the other co-accused. Applications under Section 315 Cr.P.C. of the accused were allowed and accused were permitted to examine themselves as witnesses.
26. Under Section 243 Cr.P.C. it is obligatory on the part of the Trial Court to issue process when the accused seeks summoning of any witness or production of any document in his defence. The only ground on which such an application can be refused is if the same was vexatious, delayed or would defeat the ends of justice.
27. In the instant case, no such findings have been returned by the Trial Court. On the contrary, the Trial Court has erred in not noticing that the petitioner had moved an application even at the stage when prosecution evidence was being led and was permitted to withdraw that application with liberty to move an appropriate application at the stage of defence evidence and that is exactly what the petitioner has done.
28. Further, the Trial Court has clearly erred in holding that it is within the discretion of the court, under Section 243 Cr.P.C. to decline such an application. On the contrary, as per section 243 Cr.P.C., it is obligatory on the part of the Trial Court to issue process, unless, it for the reasons to be recorded, holds that the application is vexatious, delayed or defeats the ends of justice.
29. Further reasoning given by the Trial Court, that the petitioner is seeking re-summoning of the witnesses, who have already been examined, is also not correct. Petitioner has not sought summoning of the witnesses, who have already been examined as prosecution witnesses for re-examination/cross-examination. Petitioner has merely sought production of the relevant record of the association from the custodian thereof. Admittedly, the record would come from an undisputed source. Petitioner has not sought re-summoning of any witness already examined, by name but has only sought production of the documents from the custodian thereof. Once the documents are produced, it would be open to the petitioner to prove the same in accordance with the Evidence Act.
30. Further reasoning given by the Trial Court, that the petitioner could have obtained copies of the documents under the Right to Information Act and then cross-examined the witnesses on the said documents, is also erroneous. Even if a person were to obtain copies of the documents under the Right to Information Act, said copies would not become primary evidence in terms of the Evidence Act and a party would still need to summon the original record from the custodian thereof.

Shyam Manohar Saxena Vs CBI and Ors on 1 Jul 2019

Citations : [2019 SCC ONLINE DEL 8961]

Other Sources :

https://indiankanoon.org/doc/197449956/

https://www.casemine.com/judgement/in/5d1a4325714d580311101c19

https://www.indianemployees.com/judgments/details/shyam-manohar-saxena-versus-central-bureau-of-investigation-ors

Posted in High Court of Delhi Judgment or Order or Notification | Tagged CrPC 243 - Evidence for defence CrPC 311 - Power to summon material witness or examine person present CrPC 315 - Accused person to be competent witness CrPC 91 - Summons to produce document or other thing Shyam Manohar Saxena Vs CBI and Ors | Leave a comment

CrPC 91 – Summons to produce document or other thing

Posted on June 25, 2020 by ShadesOfKnife

(1) Whenever any Court or any officer in charge of a police station considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Code by or before such Court or officer, such Court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it, or to produce it, at the time and place stated in the summons or order.
(2) Any person required under this section merely to produce a document or other thing shall be deemed to have complied with the requisition if he causes such document or thing to be produced instead of attending personally to produce the same.
(3) Nothing in this section shall be deemed—
(a) to affect sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), or the Bankers’ Books Evidence Act, 1891 (13 of 1891), or
(b) to apply to a letter, postcard, telegram or other document or any parcel or thing in the custody of the postal or telegraph authority.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged CrPC 91 - Summons to produce document or other thing | Leave a comment

Amandeep Singh Johar Vs State of NCT of Delhi and Anr on 7 February, 2018

Posted on January 27, 2019 by ShadesOfKnife

Hon’ble High Court of Delhi has laid down the procedure to be follow in Delhi by Police in regards to the CrPC Section 41A.

Amandeep Singh Johar Vs State of NCT of Delhi and Anr on 7 February, 2018

 

Posted in High Court of Delhi Judgment or Order or Notification | Tagged Amandeep Singh Johar Vs State of NCT of Delhi and Anr Article 226 - Power of High Courts to issue certain writs CrPC 160 - Police officer’s Power to require Attendance of Witnesses CrPC 175 - Power to Summon Persons CrPC 41A - Notice of appearance before police officer CrPC 91 - Summons to produce document or other thing Landmark Case Legal Procedure Explained - Interpretation of Statutes Rules of the Act/Ordinance/Notification/Circular | Leave a comment

Nitya Dharmananda @ K. Lenin Vs Sri Gopal Sheelum Reddy on 7 December, 2017

Posted on August 24, 2018 by ShadesOfKnife

Another gem of Order (not judgment) from my favorite judges Shri Adarsh Kumar Goel J and Shri Uday Umesh Lalit J, where in it was held that,

From Para 9,

Thus, it is clear that while ordinarily the Court has to proceed on the basis of material produced with the charge sheet for dealing with the issue of charge but if the court is satisfied that there is material of sterling quality which has been withheld by the investigator/prosecutor, the court is not debarred from summoning or relying upon the same even if such document is not a part of the charge sheet. It does not mean that the defence has a right to invoke Section 91 Cr.P.C. de hors the satisfaction of the court, at the stage of charge.

Nitya Dharmananda @ K. Lenin Vs Sri Gopal Sheelum Reddy on 7 December, 2017

Citations : [CDJ 2017 SC 1384], [2017 SCC ONLINE SC 1430], [(2018) 2 SCC 93], [(2018) 1 Supreme Court Cases (Cri) 458], [(2018) 2 SCC 6]

Other Sources :

https://indiankanoon.org/doc/178580003/

https://www.casemine.com/judgement/in/5a3408f5ce686e2b4ddaf270

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision CrPC 91 - Seek Unmarked and Unexhibited Prosecution Documents CrPC 91 - Summons to produce document or other thing Nitya Dharmananda @ K. Lenin Vs Sri Gopal Sheelum Reddy Sandeep Pamarati Sensational Or Peculiar Cases State Of Orissa Vs Debendra Nath Padhi Summon Material of Sterling Quality Withheld By Investigators | Leave a comment

State Of Orissa Vs Debendra Nath Padhi on 29 November, 2004

Posted on June 4, 2018 by ShadesOfKnife

A key question is clarified by the 3-judge bench of Supreme Court in this landmark judgment.

Can the trial court at the time of framing of charge consider material filed by the accused?

The scope of Sections 227 and 228 and scope of Sections 239 and 240 are explained along with scope of Sections 482

At the end the following is the summary arrived at.

  • Under Sections 227 and 228, a Magistrate of the trial court, is supposed to consider only the material sent by prosecution along with the record of the case and the documents sent along with it, at the time of framing of the charge. The accused at that stage has no right to place before the court any material.
  • Under Sections 239 and 240, requires the Magistrate to consider ‘the police report and the documents sent with it under Section 173’ and, if necessary, examine the accused and after giving accused an opportunity of being heard, if the Magistrate considers the charge against the accused to be groundless, the accused is liable to be discharged by recording reasons thereof.
  • Regarding the argument of accused having to face the trial despite being in a position to produce material of unimpeachable character of sterling quality, the width of the powers of the High Court under Section 482 of the Code and Article 226 of Constitution of India is unlimited whereunder in the interests of justice the High Court can make such orders as may be necessary to prevent abuse of the process of any Court or otherwise to secure the ends of justice within the parameters laid down in Bhajan Lal’s case. Under Section 482 of the Code, along with the petition the accused may file unimpeachable evidence of sterling quality and on that basis seek quashing.

 

Legal point around application under/of CrPC 91

In so far as the accused is concerned, his entitlement to seek order under Section 91 would ordinarily not come till the stage of defence. When the section talks of the document being necessary and desirable, it is implicit that necessity and desirability is to be examined considering the stage when such a prayer for summoning and production is made and the party who makes it whether police or accused. If under Section 227 what is necessary and relevant is only the record produced in terms of Section 173 of the Code, the accused cannot at that stage invoke Section 91 to seek production of any document to show his innocence. Under Section 91 summons for production of document can be issued by Court and under a written order an officer in charge of police station can also direct production thereof. Section 91 does not confer any right on the accused to produce document in his possession to prove his defence. Section 91 presupposes that when the document is not produced process may be initiated to compel production thereof.

State Of Orissa Vs Debendra Nath Padhi on 29 November, 2004

Citations : [2005 AIR SC 359], [2005 ALT CRI 1 1198], [2005 CLT SC 99 348], [2005 GLH 1 312], [2004 JT SC 10 303], [2005 KLT SC 1 80], [2005 OLR SC 1 357], [2005 RLW SC 3 414], [2004 SCALE 10 50], [2005 SCC 1 568], [2005 SCC CRI 415], [2004 SLT 7 339], [2004 SUPREME 8 568], [2005 OCR 30 177], [2005 RCR CRI 1 297], [2005 CALCRILR 1 487], [2005 CRIMES SC 1 1], [2004 AIR SCW 6813], [2005 CTC SC 1 134]

Other Sources :

https://indiankanoon.org/doc/7496/

https://www.casemine.com/judgement/in/5609ae0be4b0149711412c9f


Index of Quash judgments u/s 482 are here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged CrPC 227 - Discharge CrPC 228 - Framing of charge CrPC 239 - When accused shall be discharged CrPC 240 - Framing of Charge CrPC 482 - Defence Documents may be Examined for Quash CrPC 482 - Saving of inherent powers of High Court CrPC 91 - Summons to produce document or other thing Landmark Case Legal Procedure Explained - Interpretation of Statutes Quash State Of Orissa Vs Debendra Nath Padhi Submissions Of Accused to Discharge | Leave a comment

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