Application for production of documents
Legal Fighter
(Querist) 08 October 2008
This query is : Resolved
A domestic violence case has been lodged against me in which i have file my reply. the case was put for submission of rejoinder but the complainant moved an application requesting the court to direct me to submit documents which i have relied upon in my reply so that they can file the rejoinder. now my question is there such any provision in CRPC for submission of documents before rejoinder? i think its upto me at what stage i want to submit those.. court can't force me to submit those in consideration to rejoinder. pls advice.
ARVIND JAIN
(Expert) 08 October 2008
Please see section 91 of Cr.P.C
KANDE VENKATESH GUPTA
(Expert) 08 October 2008
No. The complainant or the court cannot compel the party to proceedings to produce any documentary evidence against himself. Sec.91 Cr.P.C. empowers the court to issue summons to the witness(third party to the proceedings)but not the party himself. Go through the Judgment rendered by the Hon'ble A.P.High Court reported in 2006(2) ALT(CRL)143 AP between L.Hemalatha Vs. T.Suryachandra Reddy.
SANDEEP GOYAL
(Expert) 09 October 2008
Dear Manish,
You are on the right course. you can not be compel to produce any document by the court which may be against you.
see sec. 91 Cr.P.C. and Art. 20(2)of the Constitution.
SANDEEP K. GOYAL
sanjay kumar patibandla
(Expert) 10 October 2008
under section 91 of cr.p.c court may direct any party or any person or authority to produce any document before the Hon'ble court.
Now you are compelled to produce those documents.
I am sorry i am not agreeing with sandeep. How the court came to conclusion that those documents are with him, he only stated in his replay. If he pleaded to the court that he is not having those documents he can not file those documents latter.
Legal Fighter
(Querist) 10 October 2008
i have pleaded those in my reply but i will submit those at the stage of evidence. can i be bound to submit those before they file rejoinder. i think submission of documents shouldn't be a pre-condidion for filing of rejoinder.
Legal Fighter
(Querist) 10 October 2008
i think i agree somewhat with Mr. Sanjay but left with one question. as per judgments section 91 CrPC is not applicable to accused, then under which section will the magistrate order to produce the documents. also i have heard that the accused has every right to come with evidence even till last of the proceedings. pls let me know.
Kiran Kumar
(Expert) 11 October 2008
well friends with due respect to all, m, not having much knowledge abt the DV act, could u all pls clarify whether the proceedings under DV act are criminal in nature or civil in nature?
Legal Fighter
(Querist) 11 October 2008
Hi Kiran, the DV Act is basically a civil law but the procedure followed is CrPC.
Adv.Shine Thomas
(Expert) 14 October 2008
I think, DV Act is Criminal in nature.
Legal Fighter
(Querist) 14 October 2008
DV Act is a civil law as it provides only civil remedies. Non-compliance of DV order result in penal consequences.
ARVIND JAIN
(Expert) 18 October 2008
SINCE MM IS HOLDING ALL POWERS AND PROCEDURE ADOPTED IS CRIMINAL SEC 91 IS APPLICABLE.YOU JUST MOVE THE APPLICATION AND SEE THE RESULTS.
