Criminal Procedure Code, 1973, Section 91 -- Summoning of call details and call locations of two constables - Provision of S.91 Cr.P.C is not confined to investigation and it also applies during trial - Hence, whether for cause of prosecution or for defence, if a document is to be summoned then stage becomes irrelevant - If call details and call locations are not summoned..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - Summoning of loan file - Sought to be summoned after completion of evidence of complainant - Accused not replied to demand notice or he did not file any such application at the time of taking cognizance or reading over the statement of charges - Trial Court as..........
Evidence Act, 1872, Section 65B(4), Criminal Procedure Code, 1973, Section 91 -- Certificate u/s 65-B(4) of Evidence Act - Main documents in respect of which certificate u/s 65-B(4) of Evidence Act is required, already marked or produced - There is thus, no bar to produce such certificate at a later stage of trial of case - Application rightly allowed...........
Criminal Procedure Code, 1973, Section 91 -- Production of documents - If some mistake is committed in not producing relevant documents at the time of submitting charge sheet, it is always open to I.O to produce the same with permission of Court...........
Criminal Procedure Code, 1973, Section 91, 311 -- Production of documents - Failure of prosecution to file a document along with charge sheet is an omission constituting a procedural lapse only - Procedural lapse cannot be placed at par with substantive violation of law...........
Criminal Procedure Code, 1973, Section 91, 311, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Production of documents - Offence u/ss 13(1)(d), 13(2) of P.C Act - Production of an additional document during course of trial and summoning an additional witness to prove document cannot be found to be totally impermissible under law in cases under P.C Act...........
Criminal Procedure Code, 1973, Section 233(3), 91, 162, Evidence Act, 1872, Section 145 -- Summoning of enquiry officer - For producing statements recorded by enquiry officer for purpose of contradicting and impeaching some of PWs - No further investigation was conducted by Enquiry Officer - It was only a formal enquiry conducted by Enquiry Officer on feasibility of..........
Criminal Procedure Code, 1973, Section 91 -- Summons to produce documents - Right to summon documents has to be exercised when trial is in progress and not when trial is completed including after statement of accused u/s 313 Cr.P.C has been recorded...........
Criminal Procedure Code, 1973, Section 91 -- Summons to produce documents - Statement of witnesses recorded during merg enquiry - Vital piece of evidence for defence of accused - Application allowed...........
Criminal Procedure Code, 1973, Section 91 -- Scope - Provision of S.91 of the Act is not applicable to preliminary inquiry before registration of FIR...........
