HUSSENBHOY ABDOOLABHOY LALJI Vs. RASHID B VERSHI

JUDGEMENT

(1.) THIS is an application in revision against an order made by the Presidency Magistrate, 2nd Additional Court, Mazagaon, granting inspection of documents.

(2.) THE case is one in which the accused are charged with criminal breach of trust in relation to certain charitable funds, which it is alleged that they have improperly applied in their business. We are not in any way concerned with the merits of the prosecution case. On September 23, 1940, the learned Magistrate issued a search warrant, and also issued a summons for production of documents, which were specified in the complainant's application and include various accounts relating to this charity and also the books of account, that is to say ledgers, rojmels and nondh books, for five years of the firm of Abdullabhoy Lalji & Co., which is the accused firm. Subsequently, the complainant wrote to the accused's attorneys claiming inspection of a large number of these documents, and an application was then made to the learned Magistrate asking him to order that the complainant has a right to such inspection.

(3.) THE learned Magistrate, therefore, in this case should have applied his mind to the question whether the inspection of these documents is relevant to the complainant's case. He has not done so, because he considered the decision of this Court precluded him from doing so. We think the decision of this Court, in the case of Shamdasani against the auditors of the Central Bank above referred to if it went so far as that, was wrong and must be overruled. THE learned Magistrate must apply his mind to the question whether the documents, of which inspection is sought, are relevant or not.