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2023 Supreme(Chh) 61

SANJAY K. AGRAWAL, RADHAKISHAN AGRAWAL
Ku. Urja Jain, D/o. Ajay Jain – Appellant
Versus
State of Chhattisgarh, Through Superintendent of Police, Raipur (C. G. ) – Respondent


Advocates Appeared:
For the Petitioners:Mr. Kishore Bhaduri, Senior Advocate with Mr. Sabyasachi Bhaduri.
For the Respondents:Mr. Sudeep Verma, Deputy Government Advocate and Mr. Avinash Singh, Panel Lawyer.

ORDER :

Sanjay K. Agrawal, J.

1. Can a summons to produce a document as contemplated under Section 91(1) of the CrPC be issued to a person accused of an offence standing investigation calling upon him to produce documents considered necessary and desirable for the purpose of investigation under the Code of Criminal Procedure, 1973, is the short question involved in this batch of two writ petitions.

2. Since common question of fact and law is involved in both the writ petitions, they have been clubbed together, heard together and are being disposed of by this common order.

3. The two writ petitioners being daughter and father have been subjected to first information report by the complainant and against them an offence under Sections 420, 409 & 120B of the IPC has been registered by Police Station Telibandha, Raipur. During the course of investigation, they have been subjected to notice dated 13-5-2022 (Annexure P-3) under Section 91 of the CrPC for production of 21 documents and other information to which the two writ petitioners have replied separately vide Ex.P-4 stating that since they are standing investigation for the aforesaid offences, they are protected against self-incriminati

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