Call for documents

raju (Querist) 28 August 2021 This query is : Resolved
In pvt. Criminal complaint u/s 200 complaint examined and list of documents filed. There are some documents which are in power and possession of defendant. My query is that can record documents be called and allowed by court

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In a criminal complaint case, you generally cannot request documents directly from the accused before they are summoned by the court. The accused has a right against self-incrimination. The court must first take cognizance of the offence and decide to proceed with the case before such requests can be considered, typically after the accused is present.

Dr J C Vashista (Expert) 29 August 2021
Before summoning the respondent / accused you are to satisfy the court for taking cognizance of offence committed, wherein no one shall produce any document which may be used against him/ herself.

Advocate Bhartesh goyal (Expert) 29 August 2021
At this stage you will not be allowed to call documents from accused .Let the court take conizance of offence and thereafter let accused br present in court then you may move application to call the documents.

raju (Querist) 29 August 2021
Complainant had given her evidence on affidavit. Now the witness has also to be given evidence on affidavit or statement in writing by way of witness.

P. Venu (Expert) 29 August 2021
What are the offences alleged? Moreover, what is the opinion of your advocate?

Pradipta Nath (Expert) 29 August 2021
What is the stage of your case?

Dr J C Vashista (Expert) 30 August 2021
The complaint case is stated to be at the stage of taking cognizance of offence, wherein the accused is yet to be summoned, your request for calling documents (in possession of accused) can not be allowed.

raju (Querist) 30 August 2021
Yes Dr J C Vashista is very right. Complainant has been examined. But court yet not summoned the accused. In case court U/s 202 goes for enquiry to be made by police then police will again be in favour of accused.

K Rajasekharan (Expert) 30 August 2021
In a criminal case, it is not possible for either the complaint or the court to ask the accused to produce the documents in his custody.

The accused is protected by privilege not to produce any self-incriminating evidence before the criminal court.

raju (Querist) 20 September 2021
Court examined complainant and witness. But still court not issued summons to accused. When will complainant and witness crossed by other party.

K Rajasekharan (Expert) 20 September 2021
The court will send summons only after taking cognizance by the Magistrate or when he decides to proceed with the case.

It would be bit difficult thing to find out the right sequence of events in a complaint case by reading the criminal procedure code.

I have made an attempt to describe the stages or procedures in a sequential manner in an article at https://lawwatch.in/a-complaint-case-its-stages-procedures/

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