Special Police Establishment vs. Umesh Tiwari and another

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

MCRC, 60404 of 2021, Judgment Date: Jan 21, 2022

Law laid down - 

1. An accused cannot invoke Section 91 Cr.P.C. during pendency of investigation.

2. However, an accused can invoke Section 91 on and after the filing of charge-sheet.

3. Section 91 can also be invoked by the other stakeholders i.e. victim and also prosecution.

4. Court can also invoke Section 91 Cr.P.C. suo moto.

5. All the above invocation by any stakeholder is subject to satisfaction of the Court about desirability and necessity of the document sought to be produced.

Special Police Establishment vs. Umesh Tiwari and another