Section 91 CrPC cannot compel production of documents already on the trial record when relevance is unexplained.

Section 91 CrPC could not be used to compel production of documents already marked as exhibits and forming part of the trial court record. The accused had sought the same board resolution, invoices and challans that were already on record, and the defence had already cross-examined the witness. In those circumstances, a fresh summons was unnecessary, especially because the relevance of re-production was not properly explained. The challenge to rejection of the application therefore failed, and the request was treated as not maintainable on the facts.

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Issues: Whether the accused was entitled to invoke Section 91 of the Code of Criminal Procedure, 1973 to compel production of documents that were already marked and forming part of the trial court record.

Analysis: The documents sought by the accused, including the board resolution and supporting invoices and challans, had already been marked as exhibits before the trial court. Once the documents were already on record and the defence had cross-examined the witness, a further direction for summoning the same documents was unnecessary. The request also failed because the relevance of the documents for summoning was not properly explained, and no basis remained to require the complainant to again produce what was already part of the record.

Conclusion: The application under Section 91 of the Code of Criminal Procedure, 1973 was not maintainable on the facts, and the challenge to its rejection failed.

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