Right To Summon Documents Has To Be Exercised While The Trial Is In Progress And Not When The Trial Is Completed: SC

BACKGROUND OF THE CASE

• The trial of the case had already been completed before a long time and the summoning document was moved only after the accused was examined under Section 313 of Criminal Procedure Code.
• When the matter was taken up in the Telengana High Court, the Court reversed the decision of the Trial Court and allowed the revisional provisions.

RELATED PROVISIONS

• Section 91 CrPC- It states that the Court has the authority to issue summons to any person who has the document which is required for the trial purpose, and he is ordered to attend and produce it before the Court.
• Section 313 CrPC- It envisages the power of the Trial Court to examine the accused during an inquiry or trial, so that the accused gets a fair chance to explain any circumstances which appears against him, while the evidences are produced.

OBSERVATIONS OF THE COURT

• The Apex Court reinstated the order of the Trial Court and set aside the judgement of the High Court.
• A two judge Bench comprising of Justice A M Khanwilkar and Sajiv Khanna observed and rejected the application for summoning the documents at such a later stage.
• The Court said that the efficacy of the Trial Court must not be whittled down by any belated application and the right to summon the documents must be exercised while the trial is in progress and not after the trial is completed. This must also include the statement of the accused under Section 313 of CrPC.

Do you think the Supreme Court gave valid reasons for overturning the High Court judgement?