Urgent advise request
raju
(Querist) 01 May 2022
This query is : Open
Summoned witness did not appear and authorised someone else on his behalf to produce records. Even court accept and mentioned u/s 91(2) of cr.pc. that witness cannot be compelled. Although summoned witness was also required to give evidence along with records. My query is how to challenge this before higher court and set aside section 91(2) crpc.
Dr J C Vashista
(Expert) 02 May 2022
Section 91(2) as follows, directs the addressee to produce document where it not compulsory that same person must attend with record which can be produced through some authorised person:
Section 91(2) in The Code Of Criminal Procedure, 1973
(2) Any person required under this section merely to produce a document or other thing shall be deemed to have complied with the requisition if he causes such document or thing to be produced instead of attending personally to produce the same.
KISHAN DUTT KALASKAR
(Expert) 14 May 2022
Dear Sir,
If in summons it is clearly mentioned that production of documents is sufficient then there is no need of presence of particular person.
raju
(Querist) 19 May 2022
Dear experts the application was given for summoning the witness and to deposit his diet money. But witness himself did not appear and deputed his advocate and produce record
