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M.Cr.C. No.60404/2021

HIGH COURT OF MADHYA PRADESH, PRINCIPAL SEAT AT

JABALPUR

Case Number and

Parties Name

M.Cr.C. No.60404 of 2021

Special Police Establishment

vs.

Umesh Tiwari and another

Date of Order

21/01/2022

Bench Constituted

Division Bench:

Justice Sheel Nagu

Justice Sunita Yadav

Order delivered by

Justice Sheel Nagu

Whether approved for

reporting

Yes

Name of counsels for

parties

Shri Abhijeet Awasthy, learned

counsel for the petitioner.

Shri Sankalp Kochar, learned

counsel for the respondent.

Law laid down

1. An accused cannot invoke

Section 91 Cr.P.C. during

pendency of investigation.

3. However, an accused can

invoke Section 91 on and after

the filing of charge-sheet.

3. Section 91 can also be

invoked

by

the

other

stakeholders i.e. victim and also

prosecution.

4. Court can also invoke Section

91 Cr.P.C. suo moto.

5. All the above invocation by

any stakeholder is subject to

satisfaction of the Court about

desirability and necessity of the

document sought to be produced.

Significant paragraph

numbers

4.5, 4.6 & 7.

O R D E R

21.01.2022

Per: Sheel Nagu, J.

Inherent powers of this Court u/S 482 Cr.P.C. are invoked