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T. MADHAVI DEVI
B. Rajini – Appellant
Versus
Pakala Satyanarayana Rao – Respondent
ORDER
T. Madhavi Devi, J. - This criminal petition is filed under Section 482 of the Criminal Procedure Code, 1973 (for short 'Cr.P.C.') by the petitioner against the order dated 10.01.2024 in Crl.M.P.No.46 of 2024 in Spl. S.C.No.09 of 2020 passed by the Special Judge for trial of Offences under SCs and STs (POA) Act-cum-VI Additional Metropolitan Sessions Judge, Secunderabad.
2. The petitioner is the de facto complainant and respondent No.1 is the accused No.1 in Spl. S.C.No.09 of 2020. The offences charged against the accused No.1 are under Sections 376 (1), 417, 420, 379, 427 of the Indian Penal Code, 1860 (for short 'I.P.C.') and Section 3 (2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'SCs & STs (POA) Act'). The trial in Spl. S.C.No.9 of 2020 has almost culminated and the matter was posted for judgment and at that point of time, the de facto complainant filed Crl.M.P.No.46 of 2024 in Spl. S.C.No.9 of 2020 under Section 311 read with Section 91 of Cr.P.C. and Section 15-A (4) of the SCs & STs (POA) Act seeking a direction to the respondent/accused to deposit his mobile phone bearing No.99858 61414 before the Court to forward t
The accused cannot be compelled to produce incriminatory documents based on his knowledge, as established by the interpretation of Section 94 of Cr.P.C. and relevant case laws.
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 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.
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 accused cannot invoke Section 91 CrPC to produce documents for defense at the charge framing stage; only prosecution materials are considered.
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....
Section 91 Cr.P.C. does not apply to accused persons and cannot be invoked against them.
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