2024 (2) TMI 1379 - HC - Indian Laws

Demand of bribe - Dismissal of application of the petitioner to summon relevant documents under Section 91 of Cr.P.C. - Relevance and necessity of documents for cross-examination - Stage of trial for invoking Section 91 Cr.P.C. - HELD THAT - This Court notes that in the instant case, the petitioner herein had first moved an application under Section 91 of the Cr.P.C and vide order dated 17.12.2018 the application was allowed and relevant documents were to be supplied to the petitioner. After that vide order dated 15.04.2019, learned Trial Court had directed the CBI to accompany the petitioner to the concerned Court and mark the relevant documents required by the petitioner and to supply the same to him after applying for the certified copies of the same. Thereafter, again petitioner preferred a second application under Section 91 Cr.P.C seeking summoning of relevant documents to cross examine the complainant. This court observes that establishing the necessity of presenting documents is sin qua non for the petitioners to facilitate the further adjudication of the case. In the instant case, the petitioner does not contend that specific documents, crucial for the prosecution's assertion of its case beyond reasonable doubt, have not been disclosed. Instead, the petitioner seeks reference to another case purportedly filed against the complainant. In the court's assessment, at this juncture when the Trial is at the stage of prosecution evidence, the petitioner has not successfully demonstrated to the satisfaction of this court why these documents are pertinent for examination at this stage. This Court is of the opinion that right of the petitioner to move an appropriate application before the competent court to summon documents be reserved and the documents which the petitioner wishes to rely upon can be summoned at the stage of defence evidence in accordance with law. At this stage, this Court finds no ground to interfere with the impugned order dated 16.11.2019 passed by learned Special Judge, Rouse Avenue Court, New Delhi. Petition dismissed.

Summary

Issues Involved:
1. Application u/s 91 Cr.P.C for summoning documents.
2. Relevance and necessity of documents for cross-examination.
3. Stage of trial for invoking Section 91 Cr.P.C.

Summary:

1. Application u/s 91 Cr.P.C for summoning documents:
The petitioner filed an application u/s 91 Cr.P.C seeking to summon relevant documents for cross-examination of the complainant. The learned Trial Court dismissed this application on 16.11.2019, leading to the present petition.

2. Relevance and necessity of documents for cross-examination:
The petitioner argued that the documents were necessary for cross-examination as they pertained to irregularities committed by the complainant during his tenure as Zonal Manager, Dena Bank. The petitioner had previously filed an application u/s 91 Cr.P.C, which was allowed by the learned Special Judge, Karkardooma Court on 17.12.2018. However, the petitioner claimed that certain relevant documents were not provided by the IO, necessitating a second application u/s 91 Cr.P.C.

3. Stage of trial for invoking Section 91 Cr.P.C:
The Court noted that Section 91 Cr.P.C can be invoked at any stage of investigation, inquiry, trial, or other proceedings when the production of documents is deemed necessary or desirable. However, the necessity and desirability must be examined considering the stage of the trial. The Court observed that the documents requested by the petitioner did not pertain to the case file but were part of another case. The Court emphasized that the right to seek documents is not absolute and is typically exercised during the defence evidence stage.

Conclusion:
The Court found no ground to interfere with the impugned order dated 16.11.2019, dismissing the petition. The petitioner was advised to move an appropriate application before the competent court to summon documents at the stage of defence evidence. The petition along with pending applications was dismissed, reserving the petitioner's right to avail appropriate remedies at the relevant stage of the trial.