V GOPALAKRISHNAN NAYANAR Vs. K V SASIDHARAN NAMBIAR

JUDGEMENT

(1.) A Rotary Club, instead of embarking on implementation of its professed programmes, has unfortunately got itself embroiled in litigious squabbles both in civil and criminal courts. This matter is one of the side turns of the latter.

(2.) Criminal case was launched by the President of the Rotary Club through a complaint filed against its Vice President, Secretary and Treasurer alleging offences under S.406 and 468 of the Indian Penal Code. The Magistrate before whom the complaint was filed has chosen to conduct an enquiry envisaged in S.202 of the Code of Criminal Procedure (for short the Code). During such enquiry, the Magistrate issued a notice to the accused calling upon them to produce certain documents such as the account books etc., pertaining to the club. Accused, who entered appearance, resisted the direction to produce the documents on the ground that they cannot be so compelled in view of Art.20(3) of the Constitution of India. But learned Magistrate repelled the contention as per the impugned order.

(3.) Learned Magistrate relied on the decision of this Court in Raveendran v. Prakasan ( 1989 (2) KLT 210 ) to support the order which is now challenged in this Criminal Miscellaneous Case filed under S.482 of the Code. When the matter came up before a single Judge it was pleaded that the principle laid down in Raveendran's case may be reconsidered. The case was, however, referred to a Division Bench and thus it has come up before us.