Section 91 CrPC cannot support a fishing enquiry; vague requests for records and repeated summons applications were rejected.

Section 91 CrPC cannot be used for a fishing or roving enquiry; the party seeking production must show a prima facie case that the document exists, is available with the department, and is relevant to the enquiry or trial. The petitioners failed to give adequate particulars of the alleged departmental record, including its date and description, and did not explain how it would support the defence. The RTI reply was too vague to establish the existence of the order, so the trial court's view that the application would only prolong the proceedings was justified. Repeated invocation of Section 91 for the same document was treated as an abuse of process, and refusal to summon the records was upheld.

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Issues: Whether the petitioners were entitled to summon the alleged departmental records under Section 91 of the Code of Criminal Procedure, 1973, and whether the refusal by the trial court called for interference.

Analysis: A request under Section 91 of the Code of Criminal Procedure, 1973 cannot be used for a fishing or roving enquiry. The party seeking production must make out a prima facie case that the document exists, is available with the concerned department, and is relevant to the enquiry or trial. The petition in this case did not furnish adequate particulars of the document sought, including essential details such as its date and description, and did not explain how the document would advance the defence. The reply received under the Right to Information process was held to be too vague to establish the existence of the alleged order. In these circumstances, the trial court's view that the application was intended to prolong the proceedings was found justified, and repeated invocation of Section 91 for the same document was held to be impermissible as an abuse of process.

Conclusion: The petitioners were not entitled to the relief sought and the refusal to summon the documents was upheld against them.

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