A single judge of Telangana High Court held as follows,
From Paras 3 and 4,
3. The petitioner who is the husband filed an application under Section 91 of Cr.P.C seeking a direction from the learned Magistrate for producing the passport copy of PW1. The learned Magistrate dismissed the said application on the ground that 91 Cr.P.C cannot be invoked against the witness and it would amount to testimonial compulsion.
4. The document sought to be produced is the passport of PW1. PW1 is a witness, not accused. In fact, in her cross examination on 01.11.2022, she stated that she can produce the passport if necessary. In the said circumstances, when the witness herself has volunteered to produce the passport, the same can be permitted. PW1 shall produce her passport for the purpose of cross examination.
B Venkat Rao Vs State of Telangana on 07 Nov 2023
This Order was challenged before the Apex Court here.
Shades of Knife
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