Framing Of Charges: In Some Cases, Trial Court Can Summon Or Rely Upon Documents Not Part Of Charge Sheet: SC [Read Order]

To exercise this power, the court is to be satisfied that the material available with the investigator, not made part of the charge sheet, has crucial bearing on the issue of framing of charge, the bench observed.The Supreme Court, in Nitya Dharmananda @ K. Lenin Vs. Sri Gopal Sheelum Reddy @ Nithya Bhaktananda, has observed that if the trial court is satisfied that there is some material. The Supreme Court, in Nitya Dharmananda @ K. Lenin Vs. Sri Gopal Sheelum Reddy @ Nithya Bhaktananda, has observed that if the trial court is satisfied that there is some material of sterling quality which has been withheld by the investigator, it is not debarred from summoning or relying upon the same even if such document is not a part of the charge sheet, for the purpose of framing charge/discharge of accused. “To exercise this power, the court is to be satisfied that the material available with the investigator, not made part of the charge sheet, has crucial bearing on the issue of framing of charge,” the bench said, referring to State of Orissa versus Debendra Nath Padhi. Setting aside the high court order, the bench further said: “It is clear that while ordinarily the Court has to proceed on the basis of material produced with the charge sheet for dealing with the issue of charge but if the court is satisfied that there is material of sterling quality which has been withheld by the investigator/prosecutor, the court is not debarred from summoning or relying upon the same even if such document is not a part of the charge sheet.