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
- Whether an accused may compel production of omitted investigative material at the charge stage.
- When the court may itself summon such material in the interests of justice.
Held
- Ordinarily charge is considered on the chargesheet materials, and the defence cannot invoke section91 as of right to establish innocence or invite a mini-trial. Necessity and desirability of production depend on the procedural stage and the party seeking it. (¶¶ 6–7, 9)
- The court remains empowered to summon or rely on material of sterling quality withheld by the investigator or prosecutor when satisfied that it has crucial bearing on charge. That judicial satisfaction is indispensable and creates no unrestricted defence right to demand omitted material. (¶¶ 6, 8–9)
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.