Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
JASMEET SINGH
Central Bureau Of Investigation – Appellant
Versus
Mahesh Agarwalla – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 10 , 11 , 12 , 13 , 14) |
| 2. submissions regarding section 91 of crpc (Para 18 , 19 , 20 , 22 , 24 , 28 , 29 , 30 , 31) |
| 3. court's analysis on document necessity and privilege (Para 33 , 34 , 35 , 36 , 37 , 40 , 42 , 43) |
| 4. ruling on maintainability of section 91 applications (Para 41 , 44) |
| 5. concluding order of the court (Para 46 , 48) |
JUDGMENT :
JASMEET SINGH, J.
1. The present petition has been filed under section 482 of Code of Criminal Procedure (“CrPC”) seeking to set aside the impugned orders dated 20.12.2022 and 16.01.2023 passed by the Ld. Special Judge (P.C. Act), CBI-08, Rouse Avenue Courts, New Delhi arising out of the RC 04(A)2017/AC-III/CBI/New Delhi titled as “CBI vs. Paritosh Kumar Praveen & Others” to the extent that the Ld. Special Judge ordered to supply copies of request letters/communication sent by the petitioner to Ministry of Home Affairs (“MHA”) for call interception.
BRIEF FACTS GIVING RISE TO THE PRESENT PETITION
2. On 05.04.2017, the petitioner/Central Bureau of Investigation (“CBI” registered a case bearing No. RC-04(A)2017/AC-III/CBI/New Delhi for commission of offences puni
The right to seek document production under Section 91 of CrPC arises only at the defense stage, not during pre-charge proceedings.
The main legal point established in the judgment is that the accused's entitlement to seek production of documents under Sec. 91 would ordinarily not come till the stage of defense, and the expressio....
Accused cannot seek documents to prove innocence at the stage of framing charges under Sec. 91 of Cr.P.C.
Test of admissibility of evidence lies in its relevancy, unless there is an express or necessarily implied prohibition in the Constitution or other law evidence obtained as a result of illegal search....
The accused cannot invoke Section 91 during the investigation, but the court or any stakeholder can invoke it at any stage of the proceedings.
The court ruled that voice samples can be obtained legally if interception of telephonic conversations complies with established procedures under the Indian Telegraph Act, emphasizing the necessity o....
Point of Law : When the allegations against an accused do not constitute an offence, even if such allegations are presumed to be true, a Court can exercise its powers under Section 482 of the Code to....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
