STATE OF ORISSA versus DEVENDRA NATH PADHI

STATE OF ORISSA versus DEVENDRA NATH PADHI

At the stage of framing charge in criminal proceedings, only materials produced by the prosecution can be considered. No provision in the Code of Criminal Procedure grants the accused a right to submit material or documents at this stage; that right accrues only in the course of trial. The 'hearing submissions of the accused' under Section 227 is confined to submissions on the record filed by prosecution and documents submitted therewith. Accused cannot invoke Section 91 CrPC seeking production of documents relevant to his defence at the stage of framing charge.

Parties
Appellant: State of Orissa; Respondent: Devendra Nath Padhi; Appellant: Appellant in Crl. A. No. 46/2004; Respondent: Respondent in Crl. A. No. 46/2004; Petitioner: Petitioner in S.L.P. (Crl.) No. 1912/2003; Respondent: Respondent in S.L.P. (Crl.) No. 1912/2003
Jurisdiction
India
Judgment Date
29 November 2004
Procedural Posture
Criminal Appeal and Special Leave Petition / Larger Bench Reference and Final Determination
Outcome
Criminal Appeal No. 497 of 2001 allowed; SLP (Crl.) No. 1912 of 2003 and Criminal Appeal No. 46 of 2004 dismissed
Legal Topics
Framing of Charge, Consideration of Defence Material, Section 91 Cr PC, Section 227 Cr PC, Admissibility of Evidence at Charge, Prosecution Vs Accused Rights
Criminal Law Criminal Procedure Framing of Charge Consideration of Defence Material Section 91 Cr PC Section 227 Cr PC Admissibility of Evidence at Charge Prosecution Vs Accused Rights

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 14 Party arguments 2
Sign in to unlock

Parties

State of Orissa

Appellant

Devendra Nath Padhi

Respondent

Appellant in Crl. A. No. 46/2004

Appellant

Respondent in Crl. A. No. 46/2004

Respondent

Petitioner in S.L.P. (Crl.) No. 1912/2003

Petitioner

Respondent in S.L.P. (Crl.) No. 1912/2003

Respondent

Procedural Posture

Criminal Appeal and Special Leave Petition / Larger Bench Reference and Final Determination

Legal Issues

  1. 1 Whether the trial court can consider material filed by the accused at the stage of framing of charge
  2. 2 Whether Section 227 CrPC entitles accused to submit documents or material before charge is framed
  3. 3 Interpretation and scope of Section 91 CrPC for production of documents at pre-trial stage

Ratio Decidendi

At the stage of framing charge in criminal proceedings, only materials produced by the prosecution can be considered. No provision in the Code of Criminal Procedure grants the accused a right to submit material or documents at this stage; that right accrues only in the course of trial. The 'hearing submissions of the accused' under Section 227 is confined to submissions on the record filed by prosecution and documents submitted therewith. Accused cannot invoke Section 91 CrPC seeking production of documents relevant to his defence at the stage of framing charge.

Court Disposition

Criminal Appeal No. 497 of 2001 allowed; SLP (Crl.) No. 1912 of 2003 and Criminal Appeal No. 46 of 2004 dismissed

Orders

  • Trial court directed to proceed from the stage of framing of charge and expeditiously conclude the trial
  • Trials in related cases also to be concluded expeditiously, preferably day-to-day