Case Note & Summary
The petitioners, accused Nos.1 to 4 in S.C.No.16/2010 pending before the III Additional District and Sessions Judge, Bangalore Rural District, Anekal, for offences under Sections 364, 302, 201 read with Section 34 IPC, filed an application under Section 91 CrPC before the Trial Court seeking production of four sets of documents: (i) Station House Diary of Hebbagodi Police Station for 09-09-2009 to 20-09-2009, (ii) Prisoners Search Register maintained at Hebbagodi Police Station for September 2009, (iii) Duty Roaster maintained at Hebbagodi Police Station for September 2009, and (iv) a fourth set not specified. The Trial Court rejected the application by order dated 19-09-2015, holding that the documents were not relevant. Aggrieved, the accused filed the present criminal petition under Section 482 CrPC before the High Court. The High Court considered the submissions of the learned counsel for the petitioners and the learned High Court Government Pleader. The Court observed that the documents sought are relevant for the purpose of cross-examination of prosecution witnesses and for a fair trial. The Court held that the Trial Court's order was erroneous and that the accused have a right to seek production of documents which are necessary for their defense. Accordingly, the High Court allowed the petition, set aside the impugned order, and directed the Trial Court to issue summons to the Station House Officer, Hebbagodi Police Station, to produce the documents as prayed in the application.
Headnote
A) Criminal Procedure - Section 91 CrPC - Production of Documents - Application by accused for summoning Station House Diary, Prisoners Search Register, and Duty Roster from police station - Trial Court rejected application on ground that documents are not relevant - Held that documents sought are relevant for effective cross-examination and fair trial, and accused has right to seek production of documents which are necessary for defense (Paras 2-6).
Issue of Consideration
Whether the Trial Court erred in rejecting the application filed by the accused under Section 91 CrPC seeking production of certain police station records, and whether the High Court should exercise its inherent power under Section 482 CrPC to set aside that order.
Final Decision
The High Court allowed the criminal petition, set aside the order dated 19-09-2015 passed by the III Additional District and Sessions Judge, Bangalore Rural District, Anekal, in S.C.No.16/2010, and directed the Trial Court to issue summons to the Station House Officer, Hebbagodi Police Station, to produce the documents as prayed in the application under Section 91 CrPC.
Law Points
- Section 91 CrPC
- Section 482 CrPC
- fair trial
- right to defense
- production of documents
- station house diary
- prisoners search register
- duty roster
