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2005 Supreme(Raj) 536

SHIV KUMAR SHARMA, K.S.RATHORE, KHEM CHAND SHARMA
State of Rajasthan – Appellant
Versus
Santosh Yadav – Respondent


Advocates Appeared:
Mohd. Rafiq, Addl. Advocate General for the State

Honble S.K. SHARMA, J.–Following question has been referred to us for adjudication:-

``Whether production warrant requiring attendance of a prisoner lodged in judicial custody in one case can be issued under Sec. 267 CrPC for the purpose of investigation in another case and whether the expression ``other proceeding and ``for the purpose of any proceedings used in Sec. 267(1) and 267 (1)(a) respectively would include ``investigation as defined in Sec. 2(h) CrPC ?

(2). The facts giving rise to this question may briefly be stated. One Yogesh Vijay submitted a written report on October 9, 2000 at the police Station Shipra Path Jaipur with the averments that 4-5 persons forcibly entered his house around 8 P.M., tied his hands and legs and made him to sit in a room. The miscreants had a `Katta (country made gun) and knives. They demanded ornaments and cash and threatened him for dire consequences if their demand was not fulfilled. They collected all the valuables and fled away. After they had left, the informant somehow manage to untie himself. On coming out of the house he found his car RJ- 14-1C-6516 and Scooter RJ-14-11M-7263 missing. The police station Shipra Path, on the basis of this



























































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