Section 91 Cr.P.C. does not apply to accused persons and cannot be invoked against them.

JUDGMENT

1. This Writ Petition for a mandamus is filed to declare the notice issued under Sec. 91 Cr.P.C. to the petitioner to produce the original sale agreement of the year 1998 before the Police in connection with investigation in a case registered in Crime No.434 of 2021 of Prakash Nagar Police Station, Rajahmahendravaram Urban, as illegal and without jurisdiction and consequently, prayed to quash the said notice, dtd. 17/10/2021.

2. Factual matrix of the Writ Petition may be stated as follows:-

(a) The petitioner is the accused in Crime No.434 of 2021 of Prakash Nagar Police Station, Rajahmahendravaram Urban. A person by name Gurrala Venkata Krishna Rao lodged a report with the Station House Officer of Prakash Nagar Police Station, Rajahmahendravaram Urban, stating that Sri Naidu Veera Venkata Satya Pratap is the original owner of the vacant site in an extent of 311.11 sq. yards covered by Plot No.B-2, situate in Prakash Nagar-2, Near AKC College of Rajamahendravaram. It is stated that he purchased the said land in the year 1994 and, thereafter, left for America. He came to Rajamahendravaram about 3 months back and executed a General Power of Attorney in favour of the complainant viz., Gurrala Venkata Krishna Rao in respect of the said land. It is stated that the petitioner Sri Kadiyala Simhachalam @ Vijay Kumar of Rajamahendravaram created a fake document as if the said Naidu Veera Venkata Satya Pratap, the original owner of the said site, executed a sale agreement in respect of the said land in favour of the petitioner with the forged signature of the said Naidu Veera Venkata Satya Pratap and on the strength of the said document that he has leased out the said site to a person by name Baji to do chicken business in the said land.

(b) The said report was registered against the petitioner as a case in Crime No.434 of 2021 for the offences punishable under Ss. 420, 468, 471 and 506 r/w. Sec.34 of IPC and the said case is now under investigation.

(c) During the course of investigation, the Investigating Officer has served the impugned notice under Sec. 91 Cr.P.C. on the petitioner, who is the accused in the said crime, to produce the original sale agreement, said to have been executed by Sri Naidu Veera Venkata Satya Pratap in the year 1998 in favour of the petitioner agreeing to sell the said land to the accused for a sum of Rs.12,44,000.00 and also to produce other documents in proof of the right of the accused over the said land. Also to produce copy of the caveat petition along with documents produced by the accused with the said caveat petition in the District Court, Rajamahendravaram.

(d) Assailing the legal validity of the impugned notice issued under Sec. 91 Cr.P.C., the instant Writ Petition has been filed.

3. Heard learned counsel for the petitioner and learned Government Pleader for Home for the respondents.

4. Learned counsel for the petitioner would contend that as per the language employed in Sec. 91 Cr.P.C., the word "person" is used stating that if the Court or any officer in charge of the police station considers that the production of any document is necessary for the purpose of investigation or other proceeding, that the Court may issue summons or the police officer may issue a written order to the "person" in whose possession or power such document is believed to be, requiring him to attend and produce the said document. He would contend that the word "person" used in the said Sec. does not include an accused and Sec. 91 Cr.P.C. has no application to the accused in a crime or in a criminal case and no such notice under Sec. 91 Cr.P.C. can be issued to the accused to produce any document, which is in his possession relating to the said crime or the criminal case. Therefore, he would contend that the impugned notice under Sec. 91 Cr.P.C., which is, admittedly, issued to the accused in Crime No.434 of 2021 of Prakash Nagar Police Station, is, ex facie, illegal. In support of his contention, he mainly relied