Section 91 CrPC at charge stage is not an accused's right, but withheld material may be summoned in justice.

At the stage of framing of charge, an accused cannot ordinarily invoke Section 91 CrPC as of right to obtain material outside the charge-sheet for building a defence, because defence evidence is generally irrelevant and the process must not become a mini trial. The court, however, is not powerless: if the investigator or prosecutor has withheld material of sterling quality that has a crucial bearing on the question of charge, the court may direct its production in the interests of justice. The accused has no independent entitlement to such production, and the court's power depends on judicial satisfaction.

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Issues: Whether an accused can ordinarily invoke Section 91 of the Code of Criminal Procedure, 1973 at the stage of framing of charge to summon material not forming part of the charge-sheet, and whether the court may nevertheless direct production of such material when it has crucial bearing on the question of charge.

Analysis: At the stage of framing of charge, the court generally proceeds on the material produced with the charge-sheet and the accused cannot as of right seek production of documents to establish defence. The power under Section 91 is ordinarily not available to the accused at that stage because defence is not then relevant and the process should not become a mini trial. However, the court is not powerless where the investigator or prosecutor has withheld material of sterling quality that is crucial to the issue of charge. In such a situation, the court may summon or rely upon the material if the interest of justice so requires, but this depends upon the court's satisfaction and not upon any independent right of the accused.

Conclusion: The accused has no ordinary right to invoke Section 91 at the stage of charge, but the court may direct production of withheld material of sterling quality if it has a crucial bearing on framing of charge; the contrary view was unsustainable.

Final Conclusion: The impugned view was set aside and the trial court was directed to proceed with consideration of charge in accordance with the stated principles.

Ratio Decidendi: At the stage of framing of charge, Section 91 cannot ordinarily be invoked by the accused as of right, but the court may, in the interests of justice, summon withheld material of sterling quality that is crucial to the question of charge.

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