C N VIJAYAN Vs. JOBY

JUDGEMENT

(1.) SINCE the impugned order is passed without notice to respondents 1 to 3, notice to them is dispensed with in this proceeding. Learned Public Prosecutor takes notice for the 4th respondent.

(2.) PETITIONER filed a complaint against respondents 1 to 3 - C.M.P. No.1023 of 2011 in the court of learned Judicial First Class Magistrate-II, Peermade alleging offence punishable under Section 500 of the Indian Penal Code. According to the petitioner, he was in charge of campaigning for the Assembly election for the Congress candidate from Peermade Constituency and while so, on 25.05.2011 in a local news channel - Idukki Vision News run by respondents 2 and 3 a news item was telecast by the first respondent that petitioner is involved in the murder of one Balu. According to the petitioner, that telecast was made by respondents 1 to 3 with intend to defame him. Hence the complaint. Along with the complaint, petitioner filed C.M.P. No.1024 of 2011 under Section 93(1)(c) of the Code of Criminal Procedure (for short, "the Code") for a general search to take into custody the compact disc containing the impugned news item. According to the petitioner that compact disc is kept by the second respondent in his house. Learned Magistrate dismissed C.M.P. No.1024 of 2011 by the impugned order observing that since according to the petitioner the compact disc is kept by the second respondent in his residence a general search as contemplated under Sec.93(1)(c) is not required. Learned Magistrate has observed that for the inquiry under Sec.200 of the Code the compact disc is not necessary. Learned counsel contended that the purpose of ordering search under Sec.93(1)(c) of the Code is also to ensure that the material is not destroyed if a summons is issued to the second respondent under Sec.91 of the Code. Learned counsel contended that issuing search warrant would not amount to testimonial compulsion. Reliance is placed on the decision of this Court in Jayadeva Panicker v. Velayudhan (1986 KLT 1303). According to the learned counsel unless orders are passed the person in custody of the compact disc would destroy it thereby destroying valuable evidence to be collected in the case. I have heard learned Public Prosecutor also.