A. Rajkumar vs The State

P. Devadass, J.—Rajkumar, the sole accused, aggrieved by the dismissal of his petition u/s 91 Cr.P.C. in Crl.M.P. No. 415 of 2012 in the

Sessions Case No. 66 of 2012 pending before the learned Additional Sessions Judge (formerly Fast Track Court), Ranipet, Vellore District, has

directed this petition. An untoward incident has taken place on a day, on the railway track, near Chitheri Railway station, between Katpadi and

Arokonam. In this, 11 persons have died and number of persons have sustained injuries. At that time, petitioner had driven the ill-fated train. A

case in Crime No. 623 of 2011 has been registered by the Railway Police, Arakonam. After investigation, final report has been filed before the

Committal Court. The Magistrate committed the case to the Court of Principal Sessions Judge, Vellore. It was made over to II Additional

Sessions Judge, Ranipet.

Prior to framing of charges, the petitioner filed the petition in Crl.M.P. No. 415 of 2012 u/s 91 Cr.P.C. seeking production of certain

documents furnishing list of documents, their details, their whereabouts and their need for making his effective defence.

Charges u/s 304A, 279, 337, 338, 323, 324, 326, 304, 308 IPC and Section 3 Tamil Nadu Property (Prevention of damage and Loss) Act,

1992 r/w 152 Railways Act, 1999 have been framed.

On 3.12.2012, the trial Court dismissed the petition u/s 91 Cr.P.C. on the ground that it is intended to delay the trial, however, the trial Court

given him liberty to renew his request at a later stage.

The learned counsel for the petitioner submitted that the trial Court has not viewed the plea of the petitioner in proper perspective. The learned

counsel further submitted that the case involves many technical aspects relating to railway operations, those documents are necessary to cross

examine the prosecution witnesses.

The learned Additional Public Prosecutor submitted that the attempt of the accused to delay the trial has been thwarted by the trial Court.

Under the scheme of administration of criminal justice devised in the Criminal Procedure Code, 1973, an accused is entitled to keep mum,

refuse to plead.

It is basic that every one including accused persons are presumed to be innocent. It is one's basic human right. (See Article 21, Constitution of

India). Till the guilt alleged as against him is established beyond all reasonable doubts, the accused is presumed to be innocent. It is the basic duty

of the prosecution to prove it.

It is the basic constitutional and human right of accused persons to defend themselves as against the allegations, charges levelled against them.

(See Article 21, 22(1) and Section 303 Cr.P.C.). They must be given reasonable opportunity to defend themselves. The defence may be based on

oral statements of persons, documents, material objects, or scientific reports. The documents may be somewhere. They may be in the possession

of some individuals or institutions. Section 91 Cr.P.C. enables their production.

Petition u/s 91 Cr.P.C. can be filed either by the prosecutor or by the defence, at any stage of the case, but before judgment.

Reasonable opportunity must be given to the accused to defend himself. It is for the defence to device the defence. It is not for the prosecution

nor for the Court to direct his manner of taking the defence.

When question of defending against the serious accusations comes, question of delay etc., pale into insignificance.

The defence has to be given sufficient opportunity well in advance to prepare well before the prosecution witness are produced. Therefore, the

observation of the trial Court that the petitioner may renew his request at a later stage of the case is not correct.

Thus, the learned Additional Sessions Judge has not viewed the matter in proper perspective. The order passed by the trial Court is vitiated. In

the circumstances, the impugned order passed by the learned Additional Sessions Judge, Ranipet, in Crl.M.P. No. 415 of 2012 in S.C. No. 66 of

2012 is set aside. Crl.M.P. 415 of 2012 is allowed. By 13.9.2013, the respondent shall produce the documents listed in Crl.M.P. No. 415 of

2012. The trial Court will give sufficient opportunity to the accused with reference to those documents. Accordingly, the criminal original petition is

disposed of. Consequently, connected M.P. is closed.