Judgment

SHAH, J. : The question which falls to be determined in these appeals is whether in exercise of the power under S. 94(1) of the Code of Criminal Procedure a Court has authority to summon a person accused of an offence before it to produce a document or a thing in his possession. The words of the clause are general : they contain no express limitation, nor do they imply any restriction excluding the person accused of an offence from its operation. In terms the section authorities any Court, or any officer in charge of a police-station, to issue a summons or written order to the person in whose possession or power such document or thing is believed to be, requiring such person to attend and produce it, at the time and place indicated in the summons or order. The scheme of the Code also appears to be consistent with that interpretation. Chapter VI of the Code deals with process to compel appearance. A Court may under S. 68 issue a summons for the attendance of any person; whether a witness or accused of an offence (vide Forms Nos. 1 and 31: Sch. V, S. 75 and the succeeding sections deal with the issue of warrants of arrest of witnesses and persons accused of offences. Chapter