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6 Mr. Sharma has addressed his arguments on both these aspects.

7 After hearing Mr. Sharma and having gone through the record, we are of the opinion that there is another equally important question that arises for determination in this appeal which is as under:-

(iii). Whether a criminal court or for that matter Special Judge NIA can refuse to issue production warrant under Section 267 CrPC when no case is pending trial or enquiry before it. In other words, whether 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."
"28. 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).
31. In view of what we have discussed herein above we answer the question referred to us as under:-
"The Police can seek permission to remove an accused from judicial custody to police custody for completion of investigation in another case and for this purpose production warrant under Section 267 CrPC. can be issued. The expression "other proceeding" used in Section 267(1) and "for the purpose of any proceedings" occurring in Section 267(1)(a) would include "investigation" as defined under Section 2(h) CrPC.

32 Notwithstanding the contrary view taken by the Delhi High Court in the case of Harshad S. Mehta (supra), we are inclined to go by the opinion rendered by the Full Bench of Rajasthan High Court in the aforesaid case and hold that the expression "other proceedings" used in Section 267(1) and "for the purpose of any proceedings" occurring in Section 267(1)(a) would include "investigation".

33 In view of the discussion made above, and having given our answers to the questions formulated above, we now proceed to deal with the case on hand. The trial Court has rejected the application of the appellant seeking production warrants against Abdul Jabar lodged in District Jail Bilaspur in connection with FIR No. 288/2017 for the purpose of recording his statement under Section 164 CrPC. The application was moved by the appellant under Section 267 CrPC during the course of investigation. The application has been rejected solely on the ground that no production warrant as prayed for by the appellant under Section 267 CPC could be issued by the Court when no case is pending adjudication against such person in the said Court.