BHARTI SACHDEVA Vs. STATE

JUDGEMENT

(1.) The question to be decided in this habeas corpus petition is whether under Section 267 of the Code of Criminal Procedure (for short *the Code*) production warrant can be issued to require attendance of a prisoner in custody for purposes of investigation in a case registered against him or the production warrant can he issued only for purposes of answering the charge of an offence, or attending any proceedings against him or for examining such prisoners as a witness in the Court.

(2.) The detenu Moti Lal Sachdeva is a resident of Kota. Two first information reports were registered against him. One at Police Station Bhimganj Mandi, Kota and another at Police Station Tukoganj, Indore (MP). It is not necessary to go into the details of the cases but it may be stated that they relate to stock investments. The detenu was arrested in the case registered at Indore and was detained in the Jail at Indore. The S.H.O. Police Station Bhimganj Mandi, Kota applied before the Additional Chief Judicial Magistrate No. 2 Kota for issuance of production warrant of the detenu so that he could be brought from Indore to Kota. The ACJM passed the order and a formal production warrant was issued. The detenu was produced before the ACJM No. 2 Kota and in spite of objections on behalf of the detenu the ACJM Kota passed orders authorising the police to arrest him in the case registered at Kota Police Station. Formal arrest of the detenu was shown on 9-2-95. Remand for police custody was granted from time to time. This detention under the orders of ACJM, Kota is said to be illegal and without jurisdiction. Section 267 of the Code reads as under :-

(3.) Learned counsel for the petitioner has placed reliance on the, decision of the Delhi High Court in Harshad S. Mehta v. C.B.I. (1992) 3 CCR 2793). In this case it has been held that the Court can exercise the powers under Section 267 Cr. P.C. only for the purpose of asking an accused detained in a case in another Jail to answer to the charge in inquiry or trial or in the proceedings pending before him, or for giving evidence as witness in Court but cannot require his attendance to answer the charge in investigation. The term 'other proceedings' has been examined at length in order to hold that this does not include investigation by the police.