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Siv (engineer)     24 June 2014

35 petitions u/s 91 of crpc permissable in 498a case?

Dear All,

 

In a 498A case trail the present statge is defence side evidence, that is after 313 CrPC Statement of Accused.

 

Accused wanted documents from 35 different places to say that alleged alleagtions are false and not possible to happen ....

 

I know that U/s 91 of CrPC accused can seek documents todisprove the allegations .... but questions is:

 

Questions:

1. How many petitions U/s 91 of CrPC the accused side shall file to pray the court to order production of documents in court from 35 different places .....

 

2. Does it possible to put all facts and documents list in single petition U/s 91 of CrPC with the prayer saying: Accused pary court to order all the relevant people/offices to produce required documents listed in htis petition before this Hon'ble Court.



Learning

 14 Replies

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     12 August 2014

It has to be relevant with the pleadings of the case.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     13 August 2014

You may put as many applications, as many people who have to furnish the information.

 

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.
1 Like

Siv (engineer)     14 August 2014

Can I put all the docs details from the respective persons through one petition U/s 91 of CrPC ... considering that the parties of the petition and case is same ....

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     14 August 2014

If it is fro single source, then only one application would suffice.

CoolingWood (engineer)     16 August 2014

Which provision of law do not allow filing  single Petition U/s 91 of CrPC seeking order from court for production of documents by various people/offices..... 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     19 August 2014

Why would you summon three people for same thing? It is not law; it is common sense.

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

CoolingWood (engineer)     19 August 2014

Dear Shonee Sir, I was seeking different docs from 35 people in one single CrPC-91 petition..... But all documents from 35 people proves different allegations as false .... Is there any illegality in above petition ....

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     20 August 2014

OK, there may not be any illeagilty, but just imagine one person asking 35 questions from 35 people and writing the same mail to all 35 people.

 

What he wanted was:

 

A  to provide AAAAA

B to provide BBBB

C to provide CCCC

............... ZZZZZ

And when he writes an email he says; please provide

 

AAAA

BBBB

CCCC

............... ZZZZZ

What kind of problem would it create for the recipients and some would not be kind enough to sort out through the complete mail to find relevant answers.

 

Not everything has to work according to the comfort of the litigant. The authorities are not sitting idle. Similar kind of problem the judicial officer would have deciding your Sec 91 application, knowing that the Judicial Officer would have to see whether to allow all or some or none of the part of the application.

 

Regards,
 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

Siv (engineer)     21 August 2014

Shonee Sir,

 

Based on above post I respectfully say that small correct required in your inderstanding :

 

I have filed one petition/representation to the Court/Public Authority (One office/Magistrate) asking to order 35 people/offices to submit particular docs (reasons for asking the docs are part of the petition) required to verify the truthiness/genuniness of the allegations by the court and to find out the truth and innocence of the accused of criminal case.... after reading the petition the Magistrate may prefer what all docs are required to hep the decision of criminal case.....

 

Seems reasons to order 35 people are as below:

 

There are total 5 accused (A1-A5) in criminal case ... the alleged alleagtion against the accused is that durign 25 days in MAY-2008 all accused lived together under one roof at Bangalore along with wife/PW.1/Complainant and harassed the wife.....

 

Whereas the accused taken the defence that the A1-A5 not lived with PW.1/Wife at Bangalore during the alleged time period and also A2-A5 taken stand that A1-A5 lived at different places in another district ....

 

To support the A2-A5 version the daily attendence of the A2-A5 at different offices/places in their location and the trasactions (Banks of accused, all types of Bills paid by the A2-A5) made by A2-A5 at their location while living at their location are asked to order to produce in court ....

 

There are 6 to 7 offices that are having the documents, signed by the A2-A5 on different dates of the alleged time period, which are now required to disprove the alleged allegations.....this is the situation to file CrPC-91 petition by A1-A5 to call documents from 35 people .....

 

I see that insted of filing the 35 petitions and hearing the same on same dates is not effocint then making all submissions in single petition..... 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     21 August 2014

There are still some difference of opinion with you; if banks have to be party; then it would require different way of evidence; whereas production of documents by public authority is different.

 

 

 
Regards,
 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

Siv (engineer)     21 August 2014

Sorry Sir, seems I could not understood your post ...

Banks/Others are not parties in criminal case or in any petition filed in the main criminal case .... I pryed the court to order the Banks/Others to submit the documents available with the Bank/Others (these people do not know why court is asking them .... how those docs useful to court....) then those docs will be used by Defence in support of proving the innocence of Accused....

 

If required to interpret/explain the contents of documents then accused may need to file Petition U/s 311 of CrPC to examine the relevant people/officers to know the contents of the documents available on record such detail will help the court to know the actual facts..... 

Siv (engineer)     21 August 2014

First I am making all the relevant documents part of the court record then I have two options:

 

1). Recall the Prosecution Witnesses for the purpose of Further Cross-examination with respect to the document collected through the CrPC-91 petitions.....

 

2). Filing Petition U/s 311 of CrPC seeking examination of the relevant people/officers with respect to the contents of the documents collected through the CrPC-91 petitions.....which finally says the allegations are not possible to happen that is accused version is true.

Ashok, Advocate (Lawyer at Delhi)     23 August 2014

Simple answer to your question is like this. File a single application under Section 91 Cr.P.C. giving details of the documents that are required to be produced, the relevance of those documents and the persons / authorities who are required to produce those documents (i.e., in whose possession, those documents are). Provide specific and clear details in the application, which particular document is needed to be produced by which particular person or authority.

 

On the basis of this single application, the court may issue separate summons to different persons to produce the relevant documents needed from them.

 

However, if the court is of the opinion that you need to file separate applications, then you may do so by clubbing together all documents needed from one person / authority in one application or may file separate application for each document, as directed by the court.

Siv (engineer)     25 August 2014

Dear Ashok Sir,

 

So for what ever you stated in the above post is done by me....

In my petition U/s 91 of CrPC, I prayed the court to order the 35 persons/offices to submit the specific documents... and in my petition U/s 91 of CrPC clearly stated the reasons showing how those documents helps to prove innocence of the Accused of criminal case.

 

Also I mentioned in the petition that by mentioning all the documents (specific docs from specific people/offices) avoid multiple petitions with same cause title.....and also I prayed the court that if requred different petitions seeking documents from each person/office then court may be permitted to file such petitions by withdrawign the present petition.

 

I thank you and Shonee Sir for spending valuable time on this post. Many lawyers at the court hav no answer for this quiries hence I sough help here and I am feeling that I got wonderful replies. Thanks once again.


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