S. 91 CRPC | Accused Cannot Be Directed To Secure Documents Related To Case From Authorities Using RTI Act: Karnataka HC
Pranav B Prem
The Karnataka High Court has ruled that an accused should not be compelled to obtain documents relevant to his case under the Right to Information Act, 2005, when an application is filed under Section 91 of the Criminal Procedure Code (CrPC). The court observed that such a rejection of an accused’s request for document production is contrary to the intent of Section 91 CrPC.
Case Background
A single-judge bench of Justice M. Nagaprasanna made this observation while hearing a petition filed by Dr. Shivamurthy Muruga Sharanaru, the pontiff of Murugha Mutt in Chitradurga. The petitioner, accused of sexually abusing two minor girls residing in a hostel run by the Mutt, had challenged an order of the trial court rejecting his application under Section 91 CrPC. The application sought the production of certain documents related to the investigation. The prosecution opposed the plea, contending that the petitioner could have secured the documents by filing an application under the Right to Information (RTI) Act, 2005.
High Court’s Observations
The High Court took strong exception to the trial court’s reasoning and categorically stated: “The objection is taken note of by the concerned Court and the application comes to be rejected. The rejection of which is on the face of it illegal as that is not the purport of Section 91 of the Cr.P.C. that an accused should be driven for securing documents under the Right to Information Act when an application is filed under Section 91 of Cr.P.C.”
Section 91 of CrPC empowers courts to summon documents or things necessary for the trial and ensures that relevant materials are placed before the court. The High Court emphasized that compelling an accused to rely on the RTI mechanism, which is subject to procedural delays and discretionary exemptions, undermines the principles of fair trial and due process.
Relief Granted by the Court
Allowing the petition, the High Court quashed the trial court’s order and directed that:
The order dated 29.01.2025 rejecting the petitioner’s application under Section 91 CrPC is set aside.
The application filed under Section 91 CrPC is allowed.
The prosecution shall place on record the documents sought by the petitioner at the appropriate stage of the trial.
Cause Title: Dr Shivamurthy Muruga Sharanaru Vs State of Karnataka
Case No: Criminal Petition No. 1639 OF 2025
Bench: Justice M. Nagaprasanna
[Read/Download order]
