Delhi High Court has recently observed that issuing process for an application filed under section 243 of the Cr.P.C by the Trial Court was obligatory unless for reasons recorded, it is held that such application is vexatious, delayed or defeats the ends of justice. The order came based on a petition filed against a judgment of a Trial Court which had dismissed an application seeking production of documents along with summoning the witnesses to prove said documents under section 91 read with Section 311 of the Cr.P.C.
The instant petition was filed by the accused, the Secretary-General of (Bhartiya Aadim Jaati Sewak Sangh) BAJSS who was alleged of misuse of Government grants by office bearers of BAJSS. During the recording of prosecution evidence, an application was filed by the petitioner under Section 91 read with Section 311 of the Cr. P.C seeking production of certain documents
resolutions of the Executive Committee of (BAJSS). The application remained pending and was dismissed, when the petitioner sought leave to withdraw the application with liberty to summon the required documents during the defence evidence. After the prosecution evidence had concluded, subject application was filed by the accused under such provisions seeking not only the production of the documents which had been mentioned therein but also for summoning the witnesses to prove said documents.
HC Can’t Go Beyond Judgment & Decree Of Trial Court While Dismissing Appeal Against It, In Absence Of Cross Appeal/Objection: SC [Read Judgment]