TMI Blog1976 (11) TMI 215X X X X Extracts X X X X X X X X Extracts X X X X ..... lf of Smt. Patashi Devi for the commission of offences under Sections 181, 182, 193, 197, 199, 200, 465, 466 and 471 of the Indian Penal Code by Nand Kishore, Ghanshyam Das and Sanwar Mal. It was alleged that Smt. Patashi Devi had one-fifth share in the firm of M/s. Gupta Electric and Machinery Stores of which Smt. Parmeshwari Devi (the present appellant), Smt. Dropadi Devi and Madan Lal Gupta were the other Partners. According to the complaint, the business of the firm was mainly looked after by Smt. Parmeshwari Devi's husband Mohan Lal and accused No. 1 who was her brother, Smt. Patashi Devi and two other partners retired from the business on April 1, 1968 without settling the accounts. Smt. Patashi Devi asked Mohan Lal Gupta for ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her steps to secure the production of the documents as envisaged under Section 96, Cr.P.C. Merely sending a reply through an Advocate that the document is not in his possession is not sufficient compliance of the order. The request of the Ld. counsel for Parmeshwari Devi that a commission may be issued for recording the statement of Smt. Parmeshwari Devi cannot be granted as the case is already getting old and issuance of a commission would mean undesirable delay of the case. The counsel for Smt. Parmeshwari Devi Shri C.L. Mahl is now request-ed to intimate Smt. Parmeshwari Devi forthwith to attend this Court and produce the document if in her possession on 30th August, 1974. The Ld. counsel for Parmeshwari Devi has also stated that Sm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Magistrate dated August 8, 1974 is according to law by which Smt. Parmeshwari Devi has been directed to attend the court so that if she made a statement on oath that she is not in possession of the document, the court may get a chance to put her a few questions for satisfying itself regarding the whereabouts of the documents ? 5. Chapter VII of the Code deals inter alia, with process to compel the production of documents. Sub-section (1) of Section 94, which deals with summons to produce any document, merely authorises the court to issue a summons to the person in whose possession or power such document is believed to be, requiring him to attend and produce it, or to produce it, at the time and place stated in the summons. Accord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hich the court could record her statement on oath, on her inability to produce the document, or put her a few questions for satisfying itself regarding the whereabouts of the document. In the facts and circumstances of the case, no further action is in fact called for against the appellant. The Additional Sessions Judge and the High Court went wrong in taking a contrary view. 6. It has been argued that the order of the Magistrate dated August 8, 1974 was an interlocutory order and the power of revision conferred by Sub-section (1) of Section 397 of the CrPC, 1974, could not be exercised in relation to it by virtue of Sub-section (2). 7. The Code does not define an interlocutory order, but it obviously is an intermediate order, m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is made, and it may also be conclusive as to a person, who is not a party to the enquiry or trial, against whom it is directed. As has been shown, the order of the Magistrate dated August 8, 1974 was not according to law and it adversely affected the appellant, who was not a party to the enquiry or trial, as it was solely directed against her. As is obvious, she could have no opportunity to challenge it after the making of the final order, and such a belated challenge would have been purposeless for it would have given her no relief. So insofar as the appellant is concerned, the order of the Magistrate could not be said to be an interlocutory order and the revisional courts erred in raising the bar of Sub-section (2) of Section 397 against ..... X X X X Extracts X X X X X X X X Extracts X X X X
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