Section 91 at charge-framing stage is limited; court may call for crucial withheld material, but accused has no independent right.

At the stage of framing of charge, the accused ordinarily cannot invoke Section 91 CrPC to compel production of material not included in the charge-sheet, because the court does not examine the defence at that stage. However, the court retains a limited power to call for withheld material where it is of sterling quality and has a crucial bearing on whether a charge should be framed, if production is necessary in the interests of justice. The accused has no independent right to seek such production dehors the court's satisfaction. The contrary view of the HC was set aside, and the trial court was directed to reconsider framing of charge on these principles.

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Issues: Whether, at the stage of framing of charge, the accused can invoke Section 91 of the Code of Criminal Procedure, 1973 to summon material not included in the charge-sheet, and whether the court may nevertheless call for such material if it is of crucial bearing on the issue of charge.

Analysis: Ordinarily, the accused cannot invoke Section 91 at the stage of framing of charge, as the defence is not to be examined then and the court proceeds on the material produced with the charge-sheet. However, the court is not denuded of power to summon material not forming part of the charge-sheet where the material is of sterling quality and its production is necessary in the interests of justice. Such power is to be exercised only when the court is satisfied that the withheld material has a crucial bearing on the question whether charge should be framed. The accused has no independent right to compel production under Section 91 de hors the court's satisfaction at that stage.

Conclusion: The contrary view of the High Court was set aside, and the trial court was directed to reconsider the question of framing of charge in accordance with the stated principles.

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