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1995 Supreme(Raj) 446

MOHINI KAPUR, GYAN SUDHA MISRA
Bharti Sachdeva – Appellant
Versus
State – Respondent


Advocates Appeared:
S.R. Bajwa, Sr. Counsel with Vivek Bajwa, for Petitioner S.R. Yadav, Govt. Advocate

Honble KAPUR, J. – The question to be decided in this habeas corpus petition is whether under section 267 of the Code of Criminal Procedure (for short the Code) production warrant can be issued to require attendance of a prisoner in custody for purposes of investigation in a case registered against him or the production warrant can be issued only for purposes of answering the charge of an offence, or attending any proceedings against him or for examining such prisoners as a witness in the court.

(2). The detenu Moti Lal Sachdeva is a resident of Kota. Two first information reports were registered against him. One at Police Station Bhimganj Mandi, Kota and another at Police Station Tukoganj, Indore(MP). It is not necessary to go into the details of the cases but it may be stated that they relate to stock investments. The detenu was arrested in the case registered at Indore and was detained in the jail at Indore. The S.H.O. Police Station Bhimganj Mandi, Kota applied before the Additional Chief Judicial Magistrate No.2 Kota for issuance of production warrant of the detenu so that he could be brought from Indore to Kota. The ACJM passed the order and a formal production warrant was iss















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