Having heard learned counsel for the parties and
going through the record, we are of the considered
opinion that even if the question as to the jurisdiction
of the High Court need not be over-emphasized, the fact
remains that the Trial Court had given sound and tangible
reasons for rejecting the application for summoning of
the document(s) - moved at such a belated stage and
without any justification for such relief. The High Court
has completely glossed over this aspect in the impugned
judgment. The right to summon document(s), indeed, is
available but that has to be exercised when the trial is
in progress and not when the trial is completed,
including after the statement of accused under Section
313 of Criminal Procedure Code had been recorded. The
efficacy of the trial cannot be whittled down by such
belated application.
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 585 OF 2021
MD. GHOUSEUDDIN Vs SYED RIAZUL HUSSAIN & ANR.
Dated: July 12, 2021.
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