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.