TMI Blog2001 (7) TMI 39X X X X Extracts X X X X X X X X Extracts X X X X ..... . The prosecution filed a petition under section 91 of the Criminal Procedure Code, to call for certain documents and a memo of objection was filed by the defence. Taking into consideration, the petition and the memo of objection, the trial court permitted the prosecution to call for the documents. Aggrieved by that, the revision has been filed. According to learned counsel appearing for the pet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tnesses and it only talks about production of documents. But under section 244(2) of the Criminal Procedure Code, on the application of the prosecution, the trial court can issue summons to any of its witnesses directing him to attend or to produce any document or any other thing. Merely because subpoena was issued under section 91 of the Criminal Procedure Code, the power of prosecution available ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot be said that the defence would be prejudiced. The burden of the prosecution is more onerous than that of the defence. The prosecution cannot be permitted to build up its case, only for the first time, during the course of trial; it can only unfold its case whereas the defence can build its defence and change the defence and the defence is entitled to inconsistent pleas also. Therefore, it is in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hen possible. Coming to the case on hand, though the petition filed under section 91 of the Criminal Procedure Code, was allowed by the trail court, it cannot be said to be against law because under section 244(2) of the Criminal Procedure Code, the prosecution is entitled to summon its witnesses either to attend or to produce any document or other thing. But that provision should be properly un ..... X X X X Extracts X X X X X X X X Extracts X X X X
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