RUKMINI DEVI Vs. JADUNATH MISRA

JUDGEMENT

(1.) THIS Rule was issued on a Writ petition. The petitioner is a woman who being served with a requisition dated June 4, 1970 by respondent no. 1 an Investigating Officer belonging to the Orissa Criminal Investigation department for production of six items of documents at his office at Cuttack has taken out this rule on the above writ petition disputing the legality and competency of such a requisition.

(2.) NEW General Trading and Transport Corporation carries on transport business. On November 30, 1969, this firm entrusted certain Aluminum Ingots to a Truck Driver namely Ram Singh for carrying those ingots from Hirakud to the office of the Indian Aluminum company at Belur. Entrustment was made at Hirakud. It is alleged that the said Driver along with the cleaner misappropriated those ingots and sold them off somewhere either at Howrah or at calcutta. Unfortunately, two first information reports were lodged over the same incident on behalf of the Transport corporation one at the Jorasanko police Station at Calcutta and the other at Hirakund. In course of the Investigation started at Calcutta certain aluminum ingots and certain documents were seized by the Police over which certain proceedings were started before the Additional Chief Presidency magistrate. A Concurrent investigation was started at Hirakud and a dispute also arose whether the two investigations should be allowed to continue. Such dispute has since been dissolved by this court by directing that the police should be given an option to continue with one of the investigations according to their own decision and discretion.

(3.) IN the mean time, however, the respondent No. 1 who is the investigating officer of Orissa, in course of his investigation at Calcutta served the impugned notice under section 160 of the Code of criminal Procedure directing the petitioner to produce the six sets of documents at his office at Cuttack which according to him would be necessary for the purpose of investigation of the case started by the Hirakud Police station. The petitioner in this writ petition is disputing the jurisdiction of the respondent No. 1 to issue such a requisition under section 160 of the code.