D.A.DESAI, O.CHHINNAPPA REDDY
V. S. Kuttan Pillai – Appellant
Versus
Ramakrishnan – Respondent
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JUDGMENT
DESAI, J:—Nemo tenetur seipsum prodere - no man is bound to accuse himself - which finds constitutional recognition in Article 20 (3) of the Constitution, conferring immunity from compelling an accused person to be a witness against himself by giving self-incriminating evidence, has been put into forefront to support a prayer for quashing the search warrant issued by Sub-Divisional Magistrate, Alwaye, on 4th January 1977 directing the Deputy Superintendent of Police, Alwaye to search the premises styled as the Office of H. M. D. P. Sabha (Sabha for short) Moothakunam, and to seize the books, documents and papers as set out in the application for issuance of search warrant. The Magistrate had before him a complaint filed by the first respondent Ramakrishnan against the petitioner and 5 others for having committed offences under Sections 403, 409, 420 and 477A read with S. 34, Indian Penal Code. Original accused 1, and accused 2 the present petitioner, were respectively President and Secretary of the Sabha and original accused 3 to 6 were described as Managers of the Institution. The complainant made an application on 4th January 1977 requesting the learned Magistrate to iss
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