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1957 Supreme(All) 161

V.G.OAK, B.DAYAL
R. C. GUPTA – Appellant
Versus
STATE – Respondent


Advocates Appeared:
H.N.SETH, MD.YAQUB SIDDIQUI, N.C.UPADHYAY

V. G. OAK, J.


( 1 ) THE question raised in this criminal revision is whether an order passed by a Court under section 94 of the Code of Criminal Procedure attracts the prohibition contained in Article 20 (3) of the Constitution of India. The question arises under the following circumstances.

( 2 ) MOHAN Lal Sharma filed a complaint against Rule C. Gupta under Sections 406, 477, 467 and 201,. P. C. The case was in the stage of an enquiry under Section 202, Cr. P. C. The complainant applied to the trial Court for an order to the police for recovery of certain documents from the possession of the accused under Section 96, Cr. P. C. Accordingly, the trial Court issued a search warrant under Section 96, Cr. P. C. to the station officer, Kotwali, Agra. The case was on the file of the Hony. Cantonment Bench Magistrates, Agra, Subsequently, the trial Court issued a summons to the accused calling upon him to appear either himself or produce some of his subordinates and to produce certain documents in the Court. An objection was filed on behalf of the accused. The main point raised in the objection was that, under Article 20 (3) of the Constitution the accused could not be compelled to produ


















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