Summons to produce document or other thing:
It is settled law that at the stage of framing of charge, the accused cannot ordinarily invoke Section 91 (of Cr.P.C.). 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 bearing on the issue of framing of charge.
Summon at the stage of framing of charge:
In State of Orissa versus Debendra Nath Padhi (2005) 1 SCC 568, it was observed: Continue reading “Summon to Investigator to produce all material collected during investigation.”