LAWS(TRIP)-2014-11-83

AMRIT BISWAS, S/O LT ABINASH CHANDRA BISWAS; RUPAK KUMAR ACHARJEE Vs. SWAPNA CHOUDHURY; OFFICER-IN-CHARGE, RANIRBAZAR POLICE STATION,; STATE OF TRIPURA; ANTARA NANDI

Decided On November 21, 2014
Amrit Biswas, S/O Lt Abinash Chandra Biswas; Rupak Kumar Acharjee Appellant
V/S
Swapna Choudhury; Officer-In-Charge, Ranirbazar Police Station,; State Of Tripura; Antara Nandi Respondents

JUDGEMENT

(1.) These two cases are being disposed of by one judgment since the main issues which are involved in both the cases are the same, viz.;

(2.) To decide the aforesaid questions, it is necessary to refer to Sections 91 and 93 of the Code of Criminal Procedure (Cr.P.C.) which read as follows:-

(3.) We shall first deal with section 93 of Cr.P.C. It starts with the words that where any Court has reason to believe that a person to whom summons or order under section 91 may be issued to produce some document or other thing and such person is not likely to produce such document or other thing, then the Court may issue a search warrant.