Sanjay K. Agrawal, J.

Can a committing Magistrate during committal enquiry under Section 209 of the CrPC has power and jurisdiction to entertain an application under Section 91 of the CrPC and direct for production of documents in exercise of jurisdiction under that provision, is the short question involved in this petition, which arises for consideration in the following factual backdrop: -

2. The jurisdictional police charge-sheeted the petitioners herein in Crime No.415/2016 for offences punishable under Sections 498A, 377, 376 & 323 read with Section 34 of the IPC and Sections 3 & 4 of the Dowry Prohibition Act on 16-3-2017 before the Chief Judicial Magistrate, Durg and on that day, the learned Magistrate took cognizance of the aforesaid offences under Section 190(1) of the CrPC. Since the offence under Section 376 of the IPC was exclusively triable by the Court of Session, the criminal proceeding was pending before the learned Chief Judicial Magistrate awaiting committal of said case to the Court of Session. During the pendency of the said proceeding on 18-4-2017, the petitioners herein moved an application under Section 91 of the CrPC for production of number of docum