2017 (12) TMI 1738 - SC - Indian Laws

Summon under Section 91 of the Cr.P.C. - some documents were not part of charge sheet - Framing of charge - HELD THAT - It is settled law that at the stage of framing of charge, the accused cannot ordinarily invoke Section 91. However, the court being under the obligation to impart justice and to uphold the law, is not debarred from exercising its power, if the interest of justice in a given case so require, even if the accused may have no right to invoke Section 91. To exercise this power, the court is to be satisfied that the material available with the investigator, not made part of the chargesheet, has crucial bearing on the issue of framing of charge. While ordinarily the Court has to proceed on the basis of material produced with the charge sheet for dealing with the issue of charge but if the court is satisfied that there is material of sterling quality which has been withheld by the investigator/prosecutor, the court is not debarred from summoning or relying upon the same even if such document is not a part of the charge sheet. It does not mean that the defence has a right to invoke Section 91 Cr.P.C. de hors the satisfaction of the court, at the stage of charge. The trial court may now proceed to deal with the issue of framing of charge in the light of the observations made hereinabove and also to proceed with the matter expeditiously in accordance with law - impugned judgement set aside.

Summary

Issues:
1. Whether the High Court's decision to summon material not included in the chargesheet under Section 91 of the Cr.P.C. is contrary to established law?
2. Can the court invoke its power to summon material not part of the chargesheet at the stage of framing charges?
3. Is the accused entitled to invoke Section 91 of the Cr.P.C. for the production of documents to prove innocence at the stage of framing charges?

Issue 1:
The respondent was charge sheeted for offenses under Section 376 of the Indian Penal Code and sought to summon additional material not included in the chargesheet under Section 91 of the Cr.P.C. The High Court allowed this application, contrary to the appellants' contention that this decision goes against established law laid down by the Supreme Court in previous judgments.

Analysis: The Supreme Court held that while the accused cannot ordinarily invoke Section 91 at the stage of framing charges, the court, in the interest of justice, can exercise its power to summon material not part of the chargesheet if it crucially impacts the framing of charges. The court emphasized that the accused's defense is not relevant at the stage of framing charges and that the court must ensure justice is served.

Issue 2:
Is the court empowered to summon material not included in the chargesheet at the stage of framing charges, even if the accused does not have the right to invoke Section 91 of the Cr.P.C.?

Analysis: The Supreme Court clarified that while the court typically proceeds based on the material in the chargesheet when framing charges, it can summon additional material if satisfied that essential evidence has been withheld by the investigator or prosecutor. The court highlighted that this does not grant the defense an automatic right to invoke Section 91 at the stage of framing charges.

Issue 3:
Can the accused invoke Section 91 of the Cr.P.C. to produce documents to establish innocence at the stage of framing charges?

Analysis: The Court reiterated that the accused does not have the right to invoke Section 91 to produce documents to prove innocence at the stage of framing charges. The Court emphasized that the decision to summon additional material not part of the chargesheet rests with the court's satisfaction of the necessity and relevance of such material, rather than the accused's right to invoke Section 91.

In conclusion, the Supreme Court set aside the High Court's decision and directed the trial court to proceed with framing charges based on the observations provided. The court highlighted the obligation to uphold justice and the rule of law, emphasizing that the court can summon additional material if crucial for the case, even if not part of the chargesheet. The accused's right to invoke Section 91 at the stage of framing charges is limited, and the court retains the authority to ensure a just and fair trial process.