State Of Rajasthan vs Swarn Singh @ Baba CrA 856/2024S 91 CrPC – Right Of Accused

Code Of Criminal Procedure, 1973; Section 91 – The accused cannot invoke and would not have right to invoke Section 91 Cr.P.C. at the stage of framing of charge – Referred to State of Orissa Vs. Debendra Nath Padhi, (2005) 1 SCC 568: Insofar as the accused is concerned, his entitlement to seek order under Section 91 would ordinarily not come till the stage of defence. When the section talks of the document being necessary and desirable, it is implicit that necessity and desirability is to be examined considering the stage when such a prayer for summoning and production is made and the party who makes it, whether police or accused. [Distinguished Nitya Dharmananda Vs. Gopal Sheelum Reddy, (2018) 2 SCC 93]

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