2001 (7) TMI 39

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....he Additional Chief Metropolitan Magistrate, Economic Offences Court No. 1, Egmore, Chennai. The prosecution filed a petition under section 91 of the Criminal Procedure Code, to call for certain documents and a memo of objection was filed by the defence. Taking into consideration, the petition and the memo of objection, the trial court permitted the prosecution to call for the documents. Aggrieved....

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.... doubt section 91 of the Criminal Procedure Code, does not speak about examination of any witnesses and it only talks about production of documents. But under section 244(2) of the Criminal Procedure Code, on the application of the prosecution, the trial court can issue summons to any of its witnesses directing him to attend or to produce any document or any other thing. Merely because subpoena wa....

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....n either oral or documentary is not going to take the defence by surprise. Therefore, it cannot be said that the defence would be prejudiced. The burden of the prosecution is more onerous than that of the defence. The prosecution cannot be permitted to build up its case, only for the first time, during the course of trial; it can only unfold its case whereas the defence can build its defence and c....

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....t the prosecution can go on examining witnesses piecemeal and produce documents also as and when possible. Coming to the case on hand, though the petition filed under section 91 of the Criminal Procedure Code, was allowed by the trail court, it cannot be said to be against law because under section 244(2) of the Criminal Procedure Code, the prosecution is entitled to summon its witnesses either....