AYYANA GOUDA Vs. YELLAPPA BASAPPA ALUR

JUDGEMENT

(1.) Heard the petitioner's counsel and also respondents' counsel.

(2.) The petitioner by invoking Section 482 of Cr.P.C. prayed this Court to set-aside the order dated 4.1.2017 made in CC No.1302/2012 on the application filed under Section 91 of Cr.P.C. passed by the JMFC-II, Hubballi and allow the application.

(3.) The factual matrix of the case is that the present petitioner is the complainant who filed a private complaint before the lower Court. Based on the complaint, the Court below, after recording the sworn statement of the complainant, has taken cognizance and matter is under trial. During the course of the trial, an application is filed by this petitioner under Section 91 of Cr.P.C. seeking direction to produce some of the documents from the President or Secretary of the Karnataka Veerashaiva Reddy Samaj and the accused persons who are the respondents herein have filed objections to the said application, the Court below dismissed the application filed under Section 91 of Cr.P.C. coming to the conclusion that the Court cannot compel the accused persons to furnish the same and it amounts to incriminate themselves in furnishing the documents. Further, the Court below while rejecting the application mentioned that the accused persons are President, Secretary and also Treasurer of Veerashaiva Reddy Samaj, hence, the judgment relied upon by the accused is aptly applicable to the case on hand and dismissed the same.