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TMI Blog2017 (12) TMI 1738X X X X Extracts X X X X X X X X Extracts X X X X ..... he 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e investigator is not fair and the material of sterling quality, though seized during investigation and available with him, is deliberately left out from the chargesheet, there is no bar for the court to summon the said material. 6. 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 bearin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7, what is necessary and relevant is only the record produced in terms of Section 173 of the Code, the accused cannot at that stage invoke Section 91 to seek production of any document to show his innocence. Under Section 91 summons for production of document can be issued by court and under a written order an officer in charge of a police station can also direct production thereof. Section 91 does not confer any right on the accused to produce document in his possession to prove his defence. Section 91 presupposes that when the document is not produced process may be initiated to compel production thereof. 8. In Hardeep Singh Etc. versus State of Punjab and or s. Etc. (2014) 3 SCC 92 a Bench of five-Judges observed: 19. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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