Section 91 CrPC document production may be refused when the accused already has the materials and production is unnecessary.

An application under Section 91 CrPC for production of documents may be refused where the accused already possesses the documents or can access them from the public domain, and production is not necessary at the relevant stage for a fair defence. Applying that principle, the Calcutta HC found that the requested materials had already been annexed by the accused to their own pleadings and some were publicly available, so the direction to produce them was unnecessary. The revisional application was therefore allowed, the impugned orders were set aside, and the Section 91 application was rejected.

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Issues: Whether the order allowing the accuseds' application under Section 91 of the Code of Criminal Procedure, 1973 for production of documents was sustainable when the documents were already in their possession or available in the public domain, and whether such direction was necessary at that stage.

Analysis: The documents sought by the accused were found to have been annexed by them to their own writ proceedings and to the Section 91 application, and two of the documents were also available in the public domain. The Court noted that the right of an accused to seek production of documents in aid of defence and fair trial is recognized, but that right must be exercised in relation to documents actually needed and not already available to the accused. On the facts, the earlier order directing SEBI to produce and hand over the documents was held to be unnecessary at that stage. The subsequent order refusing recall was also found unsustainable.

Conclusion: The revisional application was allowed, the orders dated 09.02.2023 and 30.06.2023 were set aside, and the Section 91 application was rejected.

Ratio Decidendi: An application under Section 91 of the Code of Criminal Procedure, 1973 may be refused where the requested documents are already with the accused or otherwise accessible and their production is not necessary at the relevant stage for a fair defence.

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