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december 2017

Supreme Court of India · 2017-12-07

NITYA DHARMANANDA @ K. LENIN vs SRI GOPAL SHEELUM REDDY ALSO KNOWN AS NITHYA BHAKTANANDA

Citation / case number
SC 2016/33518
Court
Supreme Court of India
Petitioner
NITYA DHARMANANDA @ K. LENIN
Respondent
SRI GOPAL SHEELUM REDDY ALSO KNOWN AS NITHYA BHAKTANANDA
Author
HON'BLE MR. JUSTICE ADARSH KUMAR GOEL
Bench
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE ADARSH KUMAR GOEL

Judgment text excerpt

The Supreme Court clarified that under Section 91 of the Code of Criminal Procedure (Cr.P.C.), the court has the authority to summon documents not included in the charge sheet if they are deemed necessary for the framing of charges. The court emphasized that the accused does not have an inherent right to invoke Section 91 at the charge framing stage, as this power is contingent upon the court's satisfaction regarding the material's relevance. The previous view that restricted the court's ability to summon such documents was overruled, allowing for a more flexible approach to ensure justice.

NITYA DHARMANANDA @ K. LENIN vs SRI GOPAL SHEELUM REDDY ALSO KNOWN AS NITHYA BHAKTANANDA · Niyam