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498a_dv_Crpc125_hma24_victim (unemployed)     09 January 2014

Can we file crpc 91 to police during investigation of fir

Hi All

I have a query regarding the CrPC 91 application.

  1. can an ACCUSED make an application under  crpc 91  directly to the SHO/ Investigation officer  investigating a crime to summon any documents / any material which is essential to prove the guilt and innocence of the accused in the FIR during the investigating stage
  2. if this is possible can any one pls share the format

regards

victim



Learning

 6 Replies

stanley (Freedom)     09 January 2014

No but once the case goes to court an application can be filed with the magistrate for calling of the documents .

Rajeev Kumar (Lawyer/Advocate)     09 January 2014

I agree with stanely and you should file a petition for calling of document in court.

Rajeev Kumar (Lawyer/Advocate)     09 January 2014

I agree with stanely and you should file a petition for calling of document in court.

Rajeev Kumar (Lawyer/Advocate)     09 January 2014

I agree with stanely and you should file a petition for calling of document in court.

498a_dv_Crpc125_hma24_victim (unemployed)     09 January 2014

hi experts pls go through the crpc 91 definition

 

91. Summons to produce document or other thing

 

(1) Whenever any Court or any officer in charge of a police station considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Code by or before such Court or officer, such Court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it, or to produce it, at the time and place stated in the summons or order

(2) Any person required under this section merely to produce a document or other thing shall be deemed to have complied with the requisition if he causes such document or thing to be produced instead of attending personally to produce the same

(3) Nothing in this section shall be deemed —

(a) to affect, sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), or the Bankers, Books Evidence Act, 1891(13 of 1891), or

 

(b) to apply to a letter, postcard, telegram or other document or any parcel or thing in the custody of the postal or telegraph authority

Siv (engineer)     10 March 2014

Hi, You can write simple letter to SHO, and his senior officers on police department to invoke section 91 of CrPC (if required Section 173(8) of CrPC) to colect docs, thing etc.. and submit to court... if they do not do it ... then go to court ONLY after framing the charge in court U/s 240 of CrPC..... till that time court do not know whether the docs you are referring are required to court or not....

 

Just search in google for Supreme Court judgements...

 

My wife filed CrPC-125 maintenance case on me.. I filed Money Extortion case on her.... during money extortion case I asked police to use Section 91 of CrPC to get docs from:

 

1. Her college,

2. Her Bank

3. Her IT details,

4. Her working experience.

5. Her properties,

6. Her LIC and Chits policies,

7. Her expenses.

8. Her othe sources of income etc...

 

Police got all docs... then I got those documents under RTI Act.


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