Supreme Court of India

State of Orissa v. Devendra Nath Padhi

Neutral citation

Reported as [2004] SUPP. 6 S.C.R. 460

Bench Y.K. Sabharwal, D.M. Dharmadhikari and Tarun Chatterjee JJ.

Decided 29 November 2004

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

14 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the view that jurisdiction under Section 91 of the Code when invoked by accused the necessity and desirability would have to be seen by 476 SUPREME COURT REPORTS [2004] SUPP. 6 S.C.R. A the Court in the context of the purpose - investigation, inquiry, trial or other proceedings under the Code.

Judgment, page 16

From the headnote

Code of Criminal Procedure, 1973; Ss. 91, 173, 209, 227, 228, 229 and 240: Material produced by accused at the stage of framing of charge Consideration of-Held: Material produceil by the prosecution alone need to be considered by the trial Court and not the one produced by the accused-Since evidence could be taken only after framing of charge, accused could produce the material at that stage only. Section 91-Documents necessary/desirable for defence of the accused-Discussed. Words and Phrases : 'Hearing the submissions of the accused'-Meaning of in the context of Section 227. of the Code.

Authorities it was built on

1961 Abhiraj Kuer v. Debendra Singh cited by 52

Where later benches applied it

2024 M/s Karnataka Emta Coal Mines Limited and Another v. Central Bureau of Investigation relied on
2024 Ram Prakash Chadha v. The State of Uttar Pradesh relied on
2019 Union of India v. State of Maharashtra and Ors. relied on
2019 Vikram Johar v. The State of Uttar Pradesh & Anr. relied on
2012 Sheoraj Singh Ahlawat & Ors. v. State of Uttar Pradesh & Anr. relied on
2012 Ajay Kumar Parmar v. State of Rajasthan relied on
2026 Neeraj Gupta v. Pardeep Kumar Bansal referred to
2025 State Represented by Inspector of Police, Cbi, Acb, Visakhapatnam v. Eluri Srinivasa Chakravarthi and Others referred to
2024 Arvind Kejriwal v. Directorate of Enforcement referred to
2024 Sardar Ravi Inder Singh & Anr. v. State of Jharkhand & Anr. referred to
2022 State through Deputy Superintendent of Police v. R. Soundirarasu Etc. referred to
2021 Bureau of Investigation (cbi) and Anr. v. Thommandru Hannah Vijayalakshmi @ T. H. Vijayalakshmi and Anr. referred to
2013 Rajiv Thapar & Ors. v. Madan Lal Kapoor referred to
2011 Ashish Chadha v. Smt. Asha Kumari & Anr. mentioned

Of those, 6 relied on · 7 referred to · 1 mentioned

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