S.267 CrPC | Criminal Court Can Be Approached For Issue Of Production Warrant During Investigation: JKL High Court

The Jammu and Kashmir and Ladakh High Court recently ruled that Criminal Court within whose jurisdiction the crime is committed and in respect whereof a production warrant is sought under Section 267 CrPC cannot reject the application for production warrant simply on the ground that no case is pending before it.

In other words, criminal court under Section 267 CrPC can be approached for issue of production warrant for recording the statement of a person acquainted with the facts and circumstances of the crime during investigation.

The observations were made by Justices Sanjeev Kumar and Mohan Lal while answering a question as to whether a criminal court or for that matter Special Judge NIA can refuse to issue a production warrant under Section 267 CrPC when no case is pending trial or enquiry before it.

In the instant matter the appellant Chief Investigating Officer of National Investigating Agency (NIA) along-with public prosecutor had filed an application under Section 267 of CrPC before the Court of Special Judge under Section 11 of the NIA Act (3rd Additional Sessions Judge) seeking production warrant against one Abdul Jabbar @ Jabbar lodged in judicial custody in relation to a 2017 FIR.

The said application was considered by the trial court and the same was rejected solely on the ground that the Court was not competent to issue production warrant under Section 267 CrPC during investigation and when no case is pending adjudication before the Court against the person against whom warrants have been sought to be issued. It was this order which was being impugned before the bench.

Adjudicating the matter the bench observed that a plain reading of Section 267(1) clearly reveals that a Criminal Court, in the course of an enquiry, trial or other proceedings under the Code of Criminal Procedure, can direct a person confined or detained in a prison to be produced before the Court for answering to a charge of an offence or for the purpose of any proceedings against him. The criminal Court is further empowered to direct the officer in-charge of the prison to produce any person who is required to be examined as a witness for the purpose of giving evidence.

In its bid to answer the question before it the bench took recourse to a Judgement of Rajasthan High Court in State of Rajasthan vs. Santosh Yadav, 2005 (2) Crimes 272 wherein the Full Bench of Rajasthan, after surveying the entire case law on the issue, the court recorded,

"A bare reading of Section 2(h) CrPC would show that "all the proceedings" conducted by a police officer for collecting evidence come under the definition of "investigation". The words "all the proceedings" referred in Section 2(h) in our considered opinion would also include the expression used in the words "other proceeding under this Code" (Section 267(1), "for the purpose of any proceedings against him" (Section 267(1)(a) and "for the purpose of such proceeding" (last portion of Section 267(1)). In order to further the ends of justice wider meaning is required to be given to the word "proceeding" used in Section 267 CrPC. Had the Legislature intended to give restrictive meaning to the words "other proceeding under the Code" (Section 267, they would not have used the expression "for the purpose of any proceedings against him" in Section 267(1)(a)."

Applying the law in vogue to the instant case the bench elucidated that a Criminal Court within whose jurisdiction the crime is committed and in respect whereof a production warrant is sought, cannot reject the application for production warrant simply on the ground that no case is pending before it.

Accordingly the order of the trial Court was not found to be sustainable in law and hence set aside.

Case Title : National Investigation Agency Through Its Chief Investigating Officer, Jammu Vs 3rd Additional Sessions Judge District Court Jammu.

Coram : Justice Sanjeev Kumar and Justice Mohan Lal

Citation 2022 LiveLaw (JKL) 261

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