Accused Cannot Invoke Section 91 CrPC At Stage Of Charge: SC

The Supreme Court of India recently set aside an order passed by the Rajasthan High Court wherein it was directed that all Courts in Rajasthan will decide applications to summon the call-details by the accused during the criminal proceedings, without deferring it.

Bench comprising Justice Bela M Trivedi and Justice Pankaj Mithal heard the instant appeal wherein the respondent-accused had filed an application before the Trial Court for summoning of the call details of the Seizure Officer and some other police officials for the date of seizure. The said application was rejected by the Trial Court, against which the respondent had filed the Miscellaneous Petition, which had been allowed by the High Court vide the impugned order.

The Court observed that the accused cannot invoke and would not have right to invoke Section 91 Cr.P.C. at the stage of framing of charge.

The impugned order was set aside and the Court directed that the accused may file an application at appropriate stage.