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SANJAY K. AGRAWAL
Rajeshwar Sharma, S/o Late Shri Ram Kumar Sharma – Appellant
Versus
State of Chhattisgarh – Respondent
ORDER :
1. This case was reserved for orders on 9-4-2021, but with effect from 14-4-2021, lock-down was imposed, consequently, this Court also remained closed and during the continuance of lock-down and closure of courts, summer vacation commenced with effect from 10-5-2021, therefore, the order is pronounced today i.e. 7-6-2021 after reopening of the court after summer vacation.
2. Proceedings of this matter have been taken-up through video conferencing.
3. The petitioner herein calls in question the notice/order dated 11-12- 2020 issued under Section 91 of the CrPC vide Annexure P-1 by which the Station House Officer, Police Station Sarkanda, Bilaspur – respondent No.4 herein, has asked the petitioner to produce certain documents within two days from the date of its receipt.
4. The aforesaid challenge has been made principally on two grounds that Section 91 of the CrPC is not applicable where the petitioner is alleged to be the prospective accused and neither there is enquiry nor there is trial or investigation initiated against him and therefore, Section 91 is not attracted.
5. Return has been filed by the State as well as the private respondents opposing the writ petition stating in
The accused cannot invoke Section 91 of the Cr.P.C. at the charge framing stage, as the necessity of documents for defense is not relevant at that point.
Section 91 Cr.P.C. does not apply to accused persons and cannot be invoked against them.
The accused does not have the right to invoke Sec. 91 of the CrPC for document production at the stage of framing charges; such rights are reserved for the defense stage of the trial.
Point of law: Section - 91 of Cr.P.C. cannot be invoked against the person accused of an offence and the said Section does not apply to the accused persons and that the Court and Police Officer is no....
The main legal point established in the judgment is that accused persons are entitled to invoke Section 91 CrPC after the filing of the charge-sheet, and the trial Court has the jurisdiction to direc....
The accused cannot invoke Section 91 CrPC to produce documents for defense at the charge framing stage; only prosecution materials are considered.
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