Criminal Procedure Code, 1973, Section 91 -- Preservation of call detail records and tower location - No doubt while passing appropriate direction for preserving and production of call details/tower location details u/s 91 Cr.P.C. would violate right to privacy of police officials but right of accused u/art 21 of Constitution in ensuring free and fair investigation/trial..........
Criminal Procedure Code, 1973, Section 91 -- Power u/s 91 Cr.P.C. must be exercised for production of such evidence, which would assist Court in discovering truth in the pursuit of justice - However, right of privacy of police officials cannot be breached at the ipse dixit of accused - Before any such order for production of call details/tower location is passed, accused..........
Criminal Procedure Code, 1973, Section 91 -- Summoning of tower locations of witnesses of trap proceedings - Tower location of cell-phones of witnesses on the scene of offence is probable distance of petitioner to unearth true facts, during course of trial - Any denial of best available evidence or effective and substantial hearing to accused in proving defence would..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - Production of documents - Accused did not even file any affidavit in support of application u/s 91 Cr.P.C - Even, he failed to demonstrate as to how documents sought for are necessary and relevant for judicial disposal of case - Application filed only to delay..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - Production of documents - Accused did not even file any affidavit in support of application u/s 91 Cr.P.C - Even, he failed to demonstrate as to how documents sought for are necessary and relevant for judicial disposal of case - Application filed only to delay..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - Production of Income Tax Return - Matter remained pending for securing presence of accused from the year 2009 to 2014 - Again matter remained pending for cross-examining the complainant and opportunity of cross-examining the complainant was closed - After..........
Criminal Procedure Code, 1973, Section 91 -- Summoning of documents - Accused cannot invoke and would have no right to invoke S.91 Cr.P.C at the stage of framing of charge...........
Criminal Procedure Code, 1973, Section 91 -- Production of documents - Defence has no right to invoke S.91 Cr.P.C to prove his innocence - Documents, if necessary and desirable, can be produced by accused or by some other person at the asking of accused at the time of leading his defence - However, if Court is satisfied that there is a document or material of sterling..........
Criminal Procedure Code, 1973, Section 91 -- Production of documents - Application u/s 91 Cr.P.C at the instance of accused would lie even at the stage of framing of charge if accused makes out a case that there is a document or material of sterling quality lying with the I.O, but has not been submitted to the Court along with charge-sheet and such document or material is..........
Criminal Procedure Code, 1973, Section 91 -- Production of documents - Petitioner invoked S.91 Cr.P.C to seek production of CDRs of four mobile numbers and also CCTV footage and fast tag receipts of toll - Neither these documents were available with I.O nor were they sought to be produced before him during investigation - However, application for production of documents to..........
