In the case of Md. Ghouseuddin vs. Syed Riazul Hussain [SLP(Crl) 3191/2019],consisting the  Justice AM Khanwilkar and Justice Sanjiv Khanna, SC  permit the appeal filed against the Telangana HC judgement and observed that The right to summons document has to be exercised when the trial is inprogress and not when the trial is concluded .Assailing the HC order it was propounded that trial concluded long back, and the accused was charged under Section 313 of Crpc and afterwards applications for summoning the documents were moved in the trial court. The court has been authorize by virtue of Section 91 of CrPc to issue summons to a person who is believed to have possession of a thing or document, asking him to produce it, considering such document or thing is necessary for the purposes of the trial.

The bench noted that, earlier the court had given tangible and sound reasons while rejecting the application of summoning documents, which was moved at such a later stage and without any reasoning.

The Supreme Court additionally noted that it had given sound and tangible grounds for rejecting the application for summoning of the documents  moved at such a belated stage and without any justification for such relief.

“The right to summon documents ,indeed,is avaible but that has to be exercised when the trial is in progress and not when the trial is complted,including after the statement of accused under Section 313 of Criminal Procedure Code had been recorded.Theefficacy of the trial cannot be whittled down by such belated application.

So, court set aside the order of Telangana High court judgement and putback the order passed by the subordinate court(trial court).

This news article has been written by Amra Naushad Qazi.


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