Personal data - criminal case

There is no pre-defined procedure. Do whatever you feel to do to get the evidences.

Mam,

Please advice what can be done legally? 

Thanks

Legal option is not available.

Mam,

(1) Can documents “managed” by other means be produced in Court as evidence?

(2) Can accused ask for (summon) documents from complainant?

Thanks

(1) Yes

(2) On the request of the accused the court can order for the production of the document u/s 91 CrPC.  It solely depends on the court’s discretion. The court will cognize about the data/document, the accused is looking for.

In your case, the court will not entertain the request to compel the complainant to show his personal data.

Purpose of court of law is to dispense justice.

Purpose of laws, including the Section 91 Cr.PC is to dispense justice. Since it is right of the accused to get justice, that is why Section 91 Cr.PC is also there to help him get justice.

If the court does not take cognizance of requirement of data/ documents required to prove innocence of the accused then it will be injustice. Court cannot allow injustice and thus must take cognizance of the material facts and evidences in order to do justice.

Your advocate defending your case will do the needful to convince court to get material facts and evidences necessary to prove your innocence.

Many Thanks for your advice. 

Some queries:

(1) Where to apply - in CJMM Court or MM court?

(2) Ekat Mam says "In your case, the court will not entertain the request to compel the complainant to show his personal data."  Why Ld. Count can not entertain accused request which is very vital to expose the corrupt system? 

Thanks.

A perusal of the provisions of Section 91 of Cr.P.C discloses that this section confers power on the court to summon any document, if the Court finds that the summoning of such a document is necessary or desirable in the interests of justice. The word" whenever" with which Section 91 beings, indicates that the Court is empowered to do so whenever the Court finds it necessary or desirable to act upon that provision irrespective of the stage. It is settled law that the summoning of document is purely a matter concerned with the discretion of the trial Court. But, the discretion, shall be exercised properly and judiciously. In other words, the trial Court must satisfy itself, whether the document on which the accused seeks to rely has a bearing upon or is irrelevant to the case. If upon satisfying itself that the document has no bearing, the trial Court is well within its powers to decline the prayer and the same can be deemed that it has exercised its discretion judiciously. It is also held that while exercising this power, the trial Court should not indulge in fishing or roving inquiry.