Can sho send notice under crpc 91 to the accused?
Querist :
Anonymous
(Querist) 29 February 2024
This query is : Resolved
In August 28, 2023 my neighbours attacked my house and physically assaulted me and abused me with obscene language under instigation from local politician.
But, Police have filed FIR (IPC 448, 506, 509) against me and on my husband, based on the complaint by the same neighbours on Dec 4, 2023 without any preliminary enquiry and without our knowledge. served the 41 A notice on 21-01-2024. This SI who is very corrupt and filed this false case on me, now, on 21-02-2023, send me a new notice under crpc 91 to produce video recordings related to the incident which is is very essential to us to prove our innocence. we dont like to submit the evidence to this SI as he may send its copies to the said politician (who is the main creator) and may use them against me (and even destroyed them - is it possible). This SI is not honest person and dangerous. shall have to submit to this crpc 91 notice without any other option? can i reject to submit the evidence? can i submit the evidence to the judicial magistrate instead of this corrupt SI? Now case is under investigation stage, charge sheet not filed. Kadiyala Simhachalam Vijaya Kumar vs Govt of AP, W.P No.28470 of 2021, (APHC) has any relevance to my condition?
T. Kalaiselvan, Advocate
(Expert) 29 February 2024
If you have received notice under section 91 cr.p.c. to produce the said evidence, you can refuse to give them stating that you don't have any.
Let them take any action on this in furtherance, since you are already enlarged on bail, you can challenge the false case properly in the trial proceedings, you don't have to be scared over such dictates.
Querist :
Anonymous
(Querist) 01 March 2024
now, if i say, i have no such evidence, is it become problematic to submit them to magistrate in future? also, what is mean by - already enlarged on bail?
