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TMI Blog2008 (3) TMI 787X X X X Extracts X X X X X X X X Extracts X X X X ..... any as five documents from the respondent. 3. It is relevant to refer to the averment in the petition filed under Section 91 of the Code of Criminal Procedure and the counter filed by the respondent. 4. The petitioners have contended in the aforesaid petition seeking to summon the case diary of the present case, case diary of the counter case, general diary of the present case, the proceedings under Section 107 of the Code of Criminal Procedure including the statement of one Geja Thomas, the copy of the accident register of the deceased Thirupathi and the case sheet of A2, A3, A4 and one Parimala that if the aforesaid records are kept in the custody of the respondent police, there is every chance for alteration and manipulation of the recor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der Section 91 of the Code of Criminal Procedure. 7. Learned Counsel appearing for the petitioners would submit that the petitioners cannot be directed to disclose the defence set up by them in the petition filed under Section 91 of the Code of Criminal Procedure. Only during the course of pendency of trial, the petitioners have filed the petition under Section 91 of the Code of Criminal Procedure. Further, the case diary relating to the counter case, the proceedings initiated earlier by the Executive Magistrate under Section 107 of the Code of Criminal Procedure, the accident register copy of the deceased accused and the wound certificate and case sheet of A2, A3, A4 and Parimala are very much relevant for the purpose of strengthening the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on of the document is relevant for the purpose of trial. Section 91 of the Code of Criminal Procedure does not confer an absolute right on the accused to seek for production of any documents. The party who prays for issuance of summons for production of document has to necessarily demonstrate before the court that production of such document is material for arriving at a just decision in the case. If the petitioners fail to establish that a particular document is necessary and desirable to be summoned, then the court shall not summon the document. 10. The petitioners need not disclose the defence he is going to set up through the documents summoned. But, they have to state the circumstances which necessitated summoning the documents for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... led under Section 91 of the Code of Criminal Procedure is completely bereft of any particulars reflecting the necessity or desirability of production of those documents for the purpose of trial of this case. A very vague averment is found to the effect that production of such documents would bring truth to light and the custody of the same is necessary for the trial. Such averments are not sufficient to convince the court to arrive at a conclusion that those documents are necessary for trial. 13. The Andhra Pradesh High Court in S. Srinivasan v. Deccan Petroleum Ltd. has held that the Trial Court has to consider the nature of the documents called for and the nature of allegations levelled against the accused to determine whether the documen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unless the accused demonstrates that the documents sought for are relevant and necessary to serve the ends of justice, the court cannot exercise its discretion under Section 91 of the Code in favour of the accused/petitioner. 17. As far as the statement under Section 107 of the Code of Criminal Procedure in Na.Ka. No. 7630/03/A-2, dated 4.9.2003 is concerned, it is found that the petitioners were parties to such proceedings. It is not the case of the respondent that those documents are lying with them. These documents would have been circulated to the petitioners. Even if these documents have not been circulated, the petitioners can apply for those documents and obtain the same. When the document is not with the respondent police, the quest ..... X X X X Extracts X X X X X X X X Extracts X X X X
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