REGENT COMPUTRONICS PVT. LTD.

Shri Melicio Fernandes Appellant

V/S

Mohan Nair Respondents

Referred Judgements :-

MOHAMED JACKARIAH AND CO. V/S. AHMED MOHAMED [REFERRED]
POWELL V/S. KEMPTON PARK RACE COURSE CO. [REFERRED]
CLARKE V/S. BRAJENDRA KISHORE ROY [REFERRED]
INLAND REVENUE COMMISSIONERS V/S. SMYTH [REFERRED]
A.G. V/S. SECCOMBE [REFERRED]
IN ALLEN V/S. EMMERSON [REFERRED]
IN IYAVOO CHETTY V/S. JAHANGIR HOLMES [REFERRED]
IN ATTORNEY GENERAL FOR PALESTINE V/S. FALCHRY AYYAR [REFERRED]
IN REHMATUNNISA BEGUM V/S. PRICE [REFERRED]
EMPEROR V/S. MOHAMMAD SHAH [REFERRED]
M P SHARMA OTHERS VS. SATISH CHANDRA DISTRICT MAGISTRATE DELHI [REFERRED]
HARI KHEMU GAWALI VS. DEPUTY COMMISSIONER OF POLICE BOMBAY [REFERRED]
COMMISSIONER OF INCOME TAX MADHYA PRADESH AND BHOPAL SM DAMAYANTI SAHNI PARTNER OF ISHWAR DAS SAHNI AND BROS VS. SODRA DEVI:COMMISSIONER OF INCOME TAX [REFERRED]
STATE OF BOMBAY VS. HOSPITAL MAZDOOR SABHA [REFERRED]
STATE OF BOMBAY VS. KATHI KALU OGHAD [REFERRED]
JAGDISH CHANDRA GUPTA VS. KAJARIA TRADERS INDIA LIMITED [REFERRED]
AVTAR SINGH VS. STATE OF PUNJAB [REFERRED]
HAMDARD DAWAKHANA WAKF DELHI VS. UNION OF INDIA [REFERRED]
STETE OF GUJAIAT VS. SHYAARIAL MOHANLAL CHOKSIMANUBHAI PATEL [REFERRED]
MANICKLAL MONDAL VS. STATE [REFERRED]
S K SRIVASTAVA VS. GAJANAND PATRIWALLA [REFERRED]
M P KAVERAPPA VS. D SAKONAYYA SETTY [REFERRED]
KALINGA TUBES LTD VS. D SURI [REFERRED]
PAGLA BABA VS. STATE [REFERRED]
RUKMINI BAI RATHOR VS. COMMISSIONER OF WEALTH TAX [REFERRED]
K HOSHIDE VS. EMPEROR [REFERRED]

JUDGEMENT

(1.) We are considering the report received from the learned Sessions Judge, Panjim, under Section 438(1) of the Criminal Procedure Code. The report contains a recommendation that the order passed by the learned Julgado Judge-cum-Magistrate, directing the issue of search warrant under Section 96 of the Code be set aside as it cannot be supported in law (hereinafter referred to as "the Code".).

(2.) The facts, broadly stated, are that on 23rd of March, 1965, Shri Melicio Fernandes, in his capacity as the President of the Goa Dock Labour Union, filed a direct complaint against Shri Mohan Nair and Shri Dattatraya Deshpande under Ss. 323, 403, 406 and 506 read with Section 112 of the Indian Penal Code.According to that complaint, as Secretaries of the Union they dishonestly misappropriated funds of the Union and thereby committed breach of trust. They were therefore removed from their posts. The complainant later asked them to render true account of the funds in their custody and also asked for return of the books of account. This made them angry and they threatened and then assaulted the complainant. The learned Magistrate took cognizance of the complaint and examined the complainant under Section 200 of the Code. In his statement on oath the complainant averred that the amount embezzled was about Rs. 30,000/-. An application was also made, on behalf of the complainant, same day, praying for the issue of search warrant under Section 96 of the Criminal Procedure Code. As the decision of this matter will depend on this application it is reproduced in full. It reads as under :

(3.) Learned counsel for the applicants has attacked the legality of the warrant on, inter alia, the following grounds mentioned in the petition for revision filed in the Court of the Sessions Judge :-

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SHRI MELICIO FERNANDES Vs. MOHAN NAIR

Referred Judgements :-

JUDGEMENT

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