This order dismisses a Cr.M.P. challenging a trial court's order refusing to summon documents under Section 91 Cr.P.C. The High Court held that the applicant is not denying his defence, thus no illegality was committed, and the matter is dismissed at the motion stage.
The Cr.M.P. is dismissed at the motion stage.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRMP No. 168 of 2016
---- Applicant
Versus
---- Respondent
| For Applicant | : Ms. Priyanka Mehta, Advocate |
|---|---|
| For Respondent/State | : Shri Lav Sharma, PL, on advance |
| copy |
Hon'ble Shri Justice Chandra Bhushan Bajpai
Order On Board
08/02/2016
conducted by Dr. Sanjay Gopal and the documents annexed, statements, etc. be directed to be called for. After hearing of the said interim application, the Court below appreciated the entire facts elaborately and held that for a very long time, the accused/applicant is avoiding the cross-examination and thereby he is prolonging the matter and also held that the said application is not appropriate at that stage. The defence may be given opportunity to defend at the appropriate time. Consequently, the Court below had dismissed the said application.
pray and call the defence witnesses under the authority of law available.
(Chandra Bhushan Bajpai)
Judge
sunita
1 issue framed by the court
Whether the High Court was justified in dismissing the Cr.M.P. challenging the trial court's refusal to summon documents under Section 91 Cr.P.C. at that stage.
1 provisions across 1 enactments
Abhijit Jain
State Of Chhattisgarh
Chandra Bhushan Bajpai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
