warrant" - Prisoner Transit warrant],
as per Section 267 of the Code of Criminal Procedure. On considering the same,
the learned Magistrate issued warrants directing ... learned
counsel that as per Section 267 of the Code of Criminal Procedure, P.T.Warrant
can be issued only by a Jurisdictional Magistrate
always better for the prosecution after obtaining an order
under Section 267 Cr.P.C. to approach the court under whose
orders a convict ... justice. The
submission of Mr.Mundargi that an order under Section 267
Cr.P.C. could not have been passed by the learned Magistrate
unless
terms of Section 167(2)
for grant of bail, as body warrant period under Sections 267
and 270 of the Cr.P.C. cannot ... detention as stated under Section 167 of Cr.P.C. But
they are under body warrant under Sections 267 and 270
of
under this Code" and "for the purpose
of any proceedings" as mentioned in Section 267 (1) and (1) (a) of
... another criminal case is registered
against him in another Magistrate's Court, that Magistrate is justified
in issuing production warrant under Section 267
relevant purpose before the jurisdictionally empowered Magistrate,
and/or, whether Section 267 Cr.P.C., appertains to production under
"production warrants ... without also determining whether both provisions (supra) are independently
operational, as, Section 267 Cr.P.C., does not explicitly either oust the sway
Dhanraj Aswani vs Amar S. Mulchandani on 9 September, 2024
Author: Dhananjaya Y. Chandrachud
Bench
Crl.) No.409 of 2020, etc.
State of Punjab, the Judicial Magistrate-I, Mohali
issued Production Warrant under Section 267 of Code of
Criminal Procedure ... utter disregard to the
provision under Section 267(2) of the Code of Criminal
Procedure. It is submitted that learned Judicial
Magistrate-I, Mohali, instead
judi-
cial custody, in pursuance of the application under Section 267 of the
Cr.P.C., would imply that the respondents were arrested ... Since the very purpose of making an application
under Section 267 of the Cr.P.C., thereby seeking issuance of production
warrants, is to effect
proceedings' occurring in Section 267(1)(a) would include 'investigation' as defined under Section 2(h) ... accused under Section 167 Cr.P.C. vide order dated 25.6.2004 and 7.7.2004 respectively. There is no provision in Criminal Procedure Code for review, rather
Court vide order
of A-8, Manish dated 01.04.2024.
Sisodia under
Section 267 of
Cr.P.C. during
arguments on his
bail application
