V. S. JETLEY, J. C. : 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 ex