07/08/2025
PLJ 2025 Cr.C. (Note) 169
S. 94 CrPC--Discretionary power to issue summons--By the statutory provisions contained in the Section 94 of the Cr.P.C. the Court is given discretionary power to issue summons on the application of the prosecution or the accused which may also be noticed. Section 94 of the Cr.P.C. provides that the judge may, on the application of the prosecution, issue any process for the production of any document or other thing. Section 94 of the Cr.P.C. provides that if the accused applies for the issuance of any process for the production of any document or thing, the Judge shall issue such process unless he considers, for reasons to be recorded, that such application should be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice. Chapter VII of the Cr.P.C., which deals with ‘Process To Compel The Production Of Documents and Other Movable Property, and For the Discovery of Persons Wrongfully Confined’, makes provisions for issuance of summons to produce. Section 94 of the Cr.P.C. empowers the Court to issue summons for production of documents or other thing by providing that whenever any Court considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under the Cr.P.C. by or before such Court, such Court may issue summons to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it, or to produce it, at the time and place stated in the summons. However, this provision is characterized by use of the expression ‘may’ and not ‘shall’ which is suggestive of the inference as to the Court not being under any obligation to compel for the production of the documents or any other thing--