In Brief
An accused charged under Section 376 of the Indian Penal Code sought to invoke Section 91 of the Criminal Procedure Code at the charge-framing stage to compel production of investigative material not included in the charge sheet. The High Court allowed his application. The Supreme Court held that while an accused cannot ordinarily invoke Section 91 at the charge stage, a court may exercise discretionary power to summon material of sterling quality withheld by the investigator if satisfied it bears crucial relevance to framing charges. This discretion rests with the court's obligation to ensure justice, not any accused right. The High Court's judgment was set aside."
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