1939 Supreme(Mad) 176

IN THE HIGH COURT OF MADRAS
Lakshmana Rao, J.
The Public Prosecutor
Versus
M.S. Menoki of Calicut
Decided On : 26.04.1939

Documents protected under Section 126 of the Indian Evidence Act are not exempt from production under Section 94 of the Code of Criminal Procedure.

Headnote:

Section 94 - Summons - Production of Letters

Fact of the Case:

The application was for issue of summons to the lawyer for the 6th accused under Section 94 of the Code of Criminal Procedure to produce certain letters written by the first accused to the sixth accused alleged to be in his possession.

Finding of the Court:

The court found that the letters were not privileged communications by the sixth accused to his lawyer under Section 126 of the Indian Evidence Act, and the production of such documents is incumbent under Section 162 of the Indian Evidence Act notwithstanding any objection.

Issues: The issue was whether the letters were privileged communications and exempt from production under Section 126 of the Indian Evidence Act.

Ratio Decidendi: The court held that Clause 3 of Section 94 of the Code of Criminal Procedure does not exempt documents protected under Section 126 of the Indian Evidence Act, and the validity of the objection to production has to be decided by the Court after production.

Final Decision: The order of dismissal was set aside and the Magistrate was directed to issue the summons under Section 94 of the Code of Criminal Procedure for production of the letters and deal with the documents according to law when produced.