Framing Of Charges: In Some Cases, Trial Court Can Summon Or Rely Upon Documents Not Part Of Charge Sheet
Nitya Dharmananda @ K Lenin & Anr vs Sri Gopal Sheelum Reddy @ Nithya Bhaktananda & Anr
CRIMINAL APPEAL NO. 2114 OF 2017
About/from the judgment:
Framing Of Charges: In Some Cases, Trial Court Can Summon Or Rely Upon Documents Not Part Of Charge Sheet!
To exercise this power, the court is to be satisfied that the material available with the investigator, not made part of the charge sheet, has crucial bearing on the issue of framing of charge.
It is clear that 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 CrPC de hors the satisfaction of the court, at the stage of charge.
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