VidhiSangh

Supreme Court of India · 07/12/2017

NITYA DHARMANANDA @ K. LENIN & ANR versus SRI GOPAL SHEELUM REDDY ALSO KNOWN AS NITHYA BHAKTANANDA AND ANR.

[2017] 12 S.C.R. 118 · 2017 INSC 1201

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

An accused sought all investigative material omitted from the chargesheet at the charge-framing stage. The Court distinguished the accused’s ordinary lack of entitlement to invoke section91 from the court’s own power to summon withheld material of sterling quality with a crucial bearing on charge, setting aside the contrary High Court approach.

Issues

  1. Whether an accused may compel production of omitted investigative material at the charge stage.
  2. When the court may itself summon such material in the interests of justice.

Held

Result

Delay condoned; appeals disposed of by setting aside the contrary High Court judgment. Trial court to consider charge consistently with these observations and proceed expeditiously; parties directed to appear on12February2018.

Judgment PDF: Supreme Court of India, [2017] 12 S.C.R. 118.