Criminal Procedure Code, 1973, Section 438, 91(1) -- Anticipatory bail - Non-production of an article by accused pursuant to notice issued to him by I.O u/s 91(1) Cr.P.C - Does not amount to not co-operating with investigation of case, as if an accused does not produce article before I.O., search of it can be conducted and it may be seized by police - Order cancelling..........
Criminal Procedure Code, 1973, Section 91, 233(3) -- Preparation and production of a document - Process cannot be issued directing a person to prepare a document and produce it - Process can only be issued for the production of any existing document or thing...........
Criminal Procedure Code, 1973, Section 91 -- Summoning to produce documents - Statements of petitioners are sought by way of application - Court below committed error in refusing to summon statements of petitioners as recorded by I.O only on the ground that part pertaining to forcible recording of statements was not corroborated by any kind of complaint being made by these..........
Criminal Procedure Code, 1973, Section 91, 227 -- Production of documents - Case at the stage of framing of charge - Trial Court is not to look into defence set up by accused at this stage, which he can lead only during trial at appropriate stage - Moreover, in application except for CCTV recording, there is no reference to relate other documents in alleged incident -..........
Criminal Procedure Code, 1973, Section 91 -- Production of electronic record - CCTV footage for proving plea of alibi taken by accused - Accused cannot insist prosecuting agency to collect materials from him to prove such plea - He has to prove such plea by adducing cogent and satisfactory evidence at the stage of trial and such a plea must be proved with absolute..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - Application by accused for summoning of Income tax return of complainant for the year 2013-2014 - These documents are relevant to establish financial capacity of complainant at the relevant time - Application allowed - Complainant directed to produce income tax..........
Criminal Procedure Code, 1973, Section 91 -- Production of document - Application at the instance of accused - Petitioner seeking to take on record document pertaining to date of birth of prosecutrix at the time of her initial admission in school in which her date of birth is mentioned as per which she would be 18 years of age at the time of alleged incident -..........
Criminal Procedure Code, 1973, Section 91 -- Summoning of documents before framing charge - Court has to proceed ordinarily on the basis of material produced in charge sheet so as to deal with the issue of charge - But, if Court is satisfied that there is material which shall be necessary to make adjudication at the stage of charge, Court is not debarred from summoning or..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311, 91 -- Dishonour of cheque - Source of income of complainant - Recall of complainant - No such suggestion or indication was made while complainant was examined and cross examined - Such application cannot be allowed at a belated stage when case is fixed for final disposal -..........
Evidence Act, 1872, Section 65, Criminal Procedure Code, 1973, Section 391, 91 -- Secondary evidence - Photocopy of document neither certified copy nor it is a copy made from original by mechanical process which ensure the accuracy of copy - It cannot be termed as secondary evidence - Application rightly rejected...........
