J.C.GUPTA
MUKESH – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent
( 1 ) ORDER :- Heard applicants counsel and learned A. G. A.
( 2 ) THIS is an application under S. 482, Cr. P. C. for quashing the warrants issued by Chief Judicial Magistrate, Allahabad, to the Superintendent of Jail, Aligarh, directing him to produce the applicants before him in case Crime No. 497 of 1997 under Ss. 395/397, I. P. C. , Police Station Sarai Inayat, district Allahabad.
( 3 ) IT has been contended by the learned counsel for the applicants that such warrants could not be issued under the provisions of S. 267, Cr. P. C. , during the investigation, as the provisions are confined to the production of an accused in the course of an inquiry, trial or other proceeding under the Code of Criminal Procedure. Learned counsel also invited the attention of the Court to Form No. 36 of Schedule II of the Cr. P. C.
( 4 ) WARRANTS for the production of a person, who is confined/detained in prison issued under S. 267, Cr. P. C. are commonly known as b warrants.
( 5 ) THE provisions of S. 267, Cr. P. C. read with Form No. 36 leaves no room of doubt that the expression "other proceeding under this Code" would mean only such proceeding as may be pending in a Court. The obj
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