Venkateshwarlu Siliveru
in Family Law Criminal Law
Asked August 31, 2017

Procedure for filing documents in domestic violence case after trial

  • 1 Answer

What is the procedure for filing documents in Domestic violence case by the petitioner after trial?

Answer 1

Section 91 of CrPC lays down that :

Whenever any Court considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Code by or before such Court, such Court may issue a summons, to the person in whose possession or power such document is believed to be, requiring him to attend and produce it, or to produce it, at the time and place stated in the summons or order.

Moreover, as laid held in Mr.Mahesh Bora vs S.Sankaran & Anr., there is no distinction in the provision with respect to documents which are a part of the charge-sheet or which are not a part of the charge-sheet. In fact, it specifically states "any document"  as long as they are necessary for the proper adjudication of the case and relevant for arriving at the truth.

Hence, you may appraoch the court under this section to bring to its notice the existence of such document and if the court finds it to be relevant and essential then it may direct submission and examination of the same. 

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