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Siv (engineer)     17 June 2014

Documents from prosecution witnesses section 91 crpc

Dear All,

 

If prosecution witness is holding documents that are required for the proper decision of criminal case can the Accused file petition U/s 91 of CrPC to summon those documents....



Learning

 11 Replies

laxmi kant joshi (instructor)     17 June 2014

Yes , the accused can file an applicatio u/s 91 crpc in the concern court and can get direction from the court against that particular person to produce the required relevant document or other thing as an evidence before the court.

Siv (engineer)     17 June 2014

Whereas the trail/magistrate court dimissed my petition .... is there any citation supports my prayer....so that I can challenge the order of  trail/magistrate court

Aashish George (lawyer)     17 June 2014

please copy and paste the order here, so that we can give you a proper citation.

India is great (Service)     18 June 2014

if i know the bank name, branch, a/c no  

Then  can wife's bank statement  be summoned U/S 91 CrPC to prove that she is getting payment every month from a particular company

Siv (engineer)     18 June 2014

Hi All,

 

For your reference herewith uploading the order of Hon'ble Magistrate Court .... Order says the requested documents would become against the Accused whereas in the petition it was stated that the documents present with the Prosecution Witnesses would prove that allegations are false ....


Attached File : 103453764 upload order pws.pdf downloaded: 371 times

Siv (engineer)     18 June 2014

Based on the above attached Order can I file petition U/s 311 and 91 of CrPC praying the court to use suo-moto power or discretionary powers to order the concern people/offices for the purpose of verify the genuineness of the alleged allegations against the accused condireding that all the accused denied all allegations during the 313CrPC statement .... by summonning all the possible existing documents true facts and circumstances would reveal ..... 

Aashish George (lawyer)     18 June 2014

this is interesting indeed, well, if you have read the order carefully, you have been given the benefit of the doubt by the judge himself,

you see, the judge himself is saying that the prosecution has not presented the documents in order to prove the case beyond reasonable doubt, so, if they have not produced it, you should be able to get the benefit of the doubt. since the judge himself is agreeing to the fact that a criminal case has to be proved beyond doubt, the documents being stated by the witnesses but not being produced creates doubt whether the allegations made are true or not.

second thing you can do is go against the order in session court, challenge it. i am sure, you will get some kind of relief. i think this is a good thing. but let my seniors give their views regarding my observation and see where it goes.


regards

aashish george

Siv (engineer)     18 June 2014

Respecter Sir,

 

I agree with you that absence of the possible existing documents in support prosecution case may raise doubt on genuineness of alleged alleagtions WHEREAS production of documents may prove those alleagtions are false without any room for doubt....

 

Also even if documents are no ton record the court may some times believe the Oral alleagtions that are corroborated with the PWs .... in those circumstances also only the documents would help the Accused to prove that allegaed allegations are not possible to happen and are false and are fabricated .....

 

In any case Court shall admit the petition U/s 91 to summon production of documents to finally arrive ot the BEST POSSIBLE decision ....

 

Please comment.

CoolingWood (engineer)     12 July 2014

The below judgements show that documents from prosecution can be sought U/s 91 of CrPC :

 

 

a.   Judgment of Hon’ble Supreme Court of India in case of  V.K. Sasikala v. State Rep. by Superintendent of Police, 2012 (4) Crimes 146

 

b.   Judgment of Hon’ble Supreme Court of India in case of  Sidhartha Vashisht v. State (NCT of Delhi), (2010) 6 SCC 1

 

c.    Judgment of Hon’ble High Court of Andhra Pradesh in case of S. Srinivasan And Anr. vs Deccan Petrolium Ltd. And Ors. on 4 September, 2000.

 

d.   Judgment of Hon’ble Gujarat High Court in case of Maheshchandra K. Trivedi Vs State Of Gujarat passed on on 6 September, 1999

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     13 July 2014

The main query has been satiated. What you wish to know further is not clear as yet.

 

Regards,

 
Shonee Kapoor

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

Siv (engineer)     15 July 2014

I posted citations that shows that CrPC-91 petition seeking docs from prosecution is maintainable .... and also without documents on record the court can not make trail is fair and court never comes to know what is true and false.

Court simply can not ignore the materials and say in judgement that there is no proof in support or oppose of any party....


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