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SHARAD KUMAR SHARMA
Baljeet Singh @ Jeeta – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Sharad Kumar Sharma, J.
The matter was heard on 26.08.2022 and it was placed today for dictation of judgment.
2. Few facts which are required to be considered before venturing into the legal prospective with regards to the impugned order of 01.12.2021, resulting into rejection of an application under Section 91 of Cr.P.C. by the court of First Additional Sessions Judge, in Sessions Trial No.87 of 2018 State vs. Harjeet Singh & Others.
3. An FIR No.10 of 2018 was registered on 07.01.2018 with regards to the involvement of the named accused persons therein, in the FIR for commission of offence under Sections 147, 148, 149, 302 and 307 IPC. At this stage the detailed analysis about the set of allegations levelled in the FIR, in relation to the involvement of each of the co-accused persons is not required to be ventured into by this Court, on its merits for the reason being, that the counsel for the applicant has confined her arguments qua the impugned order, rejecting the application which was preferred by the applicant co-accused, under Section 91 of the Cr.P.C. which find
The court emphasized the importance of Section 91 of Cr.P.C. in enabling the court to summon relevant documents or materials for a fair trial.
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.
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 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....
The accused cannot invoke Section 91 CrPC to produce documents for defense at the charge framing stage; only prosecution materials are considered.
(1) Documents which were not part of charge-sheet, but seized by investigating agency during investigation of offence, cannot be withheld by prosecution merely on the ground that documents sought to ....
At the stage of framing of charge, the court can only consider material produced by the prosecution. The accused cannot invoke Section 91 to prove innocence, unless material of sterling quality has b....
(1) Section 91 Cr.P.C. does not confer any right on accused to produce document in his possession to prove his defence.(2) Application under Section 91 Cr.P.C. at instance of accused would lie even a....
The order passed on application filed under Section 91 of Cr.P.C. was interlocutory in nature. The accused persons had not been summoned to appear before the Court concerned. The investigation in the....
The accused's right to a fair trial, the obligation of the prosecution to make fair disclosure, and the accused's entitlement to relevant documents collected during the investigation were central leg....
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