PARMESHWARI DEVI vs STATE AND ANR.

The Supreme Court held that under Section 94(1) of the Code of Criminal Procedure, 1898, a person summoned to produce a document does not become a witness and cannot be cross-examined unless cited as a witness, as per Section 139 of the Evidence Act. The Court found that the Magistrate's order summoning the appellant was not lawful since she was not a party to the trial and had no opportunity to challenge the order. Consequently, the appeal was allowed, and the order was set aside.