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TMI Blog2000 (4) TMI 856X X X X Extracts X X X X X X X X Extracts X X X X ..... documents enumerated in the application. Those documents were stated to be required to show that the appellant had not shown any favour to persons commonly known as Jain Brothers or to any person for that matter in the course of discharge of his duties while working as DIG, CBI, and that present action against the appellant is vitiated on account of malafides on the part of the CBI, who is alleged to bear animus against the appellant. 3. The said application was hotly contested by the CBI and the Special Judge held that none of the documents sought to be summoned would help to show that the case of the prosecution was improbable or unworthy of even a trial and that summoning them at that stage of the proceedings was meant by the appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng our attention to the decision of this Court reported in Satish Mehra v. Delhi Administration and Another (1996)9SCC766 laying emphasis on the fact that the very learned Judge in the High Court has taken a different view in such matters, in the decision reported in Ashok Kaushik v. State 78(1999)DLT423 . Mr. Altaf Ahmed, the learned ASG for the respondents, not only contended that the decisions relied upon for the appellants would not justify the claim of the appellant in this case, at this stage, but also invited, extensively our attention to the exercise undertaken by the courts below to find out the relevance, desirability and necessity of those documents as well as the need for issuing any such directions as claimed at that stage and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted by the prosecution at that stage. In substance, looking into also, by receiving any materials which the accused is able to produce in support of his stand during such arguments was held to be not an anathema. The further question as to whether even at that stage Section 91 of the Code could be pressed into service by the accused was never in the contemplation or consideration by the learned Judges. 6. The powers conferred under Section 91 are enabling in nature aimed at arming the Court or any officer in charge of a Police Station concerned to enforce and to ensure the production of any document or other things "necessary or desirable" for the purposes of any investigation, inquiry, trial or other proceeding under the Code, b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Prafulla Kumar Samal and Anr. 1979CriLJ154 . Ultimately, this would always depend upon the facts of each case and it would be difficult to lay down a rule of universal application and for all times. The fact that in one case the Court thought fit to exercise such powers is no compelling circumstance to do so in all and every case before it, as a matter of course and for the mere asking. The Court concerned must be allowed a large latitude in the matter of exercise of discretion and unless in a given case the Court was found to have conducted itself in so demonstrably an unreasonable manner unbecoming of a judicial authority, the Court superior to that Court cannot intervene very lightly or in a routine fashion to interpose or impose itself ..... X X X X Extracts X X X X X X X X Extracts X X X X
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