Right to Summon Documents to be exercised when the Trial is ongoing and not when it is completed: SC

Team SoOLEGAL 16 Jul 2021 4:25pm

Right to Summon Documents to be exercised when the Trial is ongoing and not when it is completed: SC

The Supreme Court allowed an appeal filed against a Telangana HC judgement and observed that the right to summon documents must be exercised when the trial is in its ongoing stage and not after the completion of it.

In the instant case, the Telangana High Court while allowing the revisional application, struck down Trial Court’s decision which rejected application for summoning the documents.

Challenging the High Court order, contentions were made stating that the trial completed long back, and the accused was charged under Section 313 of CrPc and thereafter applications for summoning documents were moved in the trial court.

The court has been empowered by virtue of Section 91 of CrPc to issue summons to a person who is believed to have possession of a thing or document, asking him to produce it, considering such document or thing is necessary for the purposes of the trial.

The bench comprised of Justices Sanjiv Khanna and AM Khanwilkar, noted that, earlier the court had given tangible and sound reasons while rejecting the application of summoning documents, which was moved at such a later stage and without any rationale.

The court further added, “The right to summon document(s), indeed, is available but that has to be exercised when the trial is in progress and not when the trial is completed, including after the statement of accused under Section 313 of Criminal Procedure Code had been recorded. The efficacy of the trial cannot be whittled down by such belated application."

Thereafter, the court set aside Telangana High Court’s judgement and restored the order passed by the Trial Court.

Tagged: Summon Documents   Supreme Court   Telangana HC   High Court   trial court   Justice Sanjiv Khanna   Justice AM Khanwilkar  
Did you find this write up useful? YES 2 NO 1
Srinivasan Gopal   24 Jan 2022 11:02am
very useful. keep it up

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