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