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H.C.MISHRA
Kanti Kumar – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
IMPORTANT POINT
From plain reading of Section 91 of the CrPC, it is apparent that though the Court has the power to require any person in whose possession any document is believed to be, which is required for trail of the case, to attend and produce such document. but the section nowhere empowers the Court to compel an accused to produce any evidence against him.

ORDER

H.C. Mishra, J.—Heard learned counsel for the petitioners and learned counsel for the State.

2. This revision application has been filed by the petitioners challenging the order dated

17.1.2012 passed by the learned Sessions Judge-1st, Jamtara in Criminal Appeal No. 6 of 2010, whereby on an application filed on behalf of the appellant State under Section 91 of the Cr. P.C. praying to summon the respondents (i.e., the accused persons) to submit mark-sheet, diploma certificate and registration certificate of A.N.M., the Court directed these petitioners to collect the abovementioned original certificates from the department and to deposit the same in the Court on or before 30.1.2012 for proper adjudication of the case.

It appears that the petitioners were accused in Narayanpur P.S. Case No. 41 of 1997 corresponding to G.R. No. 206 of 1997 for the offences under Section 420, 467, 468, 471 of IPC on the allegation that the petitioners had obtained appointment on the basis of forged certificates. The petitioners were put to trial in the said case and the trial Court acquitted the accused petitioners of the charges by the judgment dated 13.4.2010 in G.R Case No. 206 of 1997/ T.R Ca

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