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8. It is aggrieved by the same, the petitioner is before this Court contending that 8.1. the entire process resorted to by respondent Nos.2 and 3 are only to defame the petitioner.

8.2. There is no offence committed by the petitioner-organization or its officers.

W.P.No.10760 OF 2020 8.3. The procedure prescribed under Section 93 of Cr.P.C. has not been followed. 8.4. The representatives of the petitioner are in touch with the Investigating Officers, they have cooperated with the Investigating Officers. At the most, notice under Section 91 of Cr.P.C. could have been issued instead of a search warrant under Section 93 of Cr.P.C.

16.3. It is relying on Section 93(1)(a) of Cr.P.C. that Sri.Mohammed Tahir, learned counsel for the petitioner seeks to contend that only in the event of the Court coming to a conclusion that in the event of issuance of summons to a person, such person will not or would W.P.No.10760 OF 2020 not produce a document that a search warrant could be issued.

16.4. Having perused Section 93 of Cr.P.C., the reliance placed by the petitioner on Section 93(1)(a) is not sustainable. The entire provision would have to be read has a whole to arrive at the meaning and purport thereof more so when Section 93 (1)(a), (b) and (c) are qualified with the word 'or' after each of said sub-clauses. That would mean that they are in the alternate to each other and if any of the requirements if satisfied, a search warrant could be issued.

W.P.No.10760 OF 2020 16.7. In view of the above, the reasoning of the Court and Court having appreciated the requirements and immediate need for issuance of a search warrant, I am of the considered opinion that the above matter would not come within the purview of Section 93 (1)(a) of Cr.P.C. but would come within the purview of Section 93(1)(c) of Cr.P.C. where the Court considers that for the purposes of any enquiry, trial or other proceeding be served by a general search or inspection, the court could issue such search warrants.

16.8. It is considering the said factors that the Court has issued the search warrants.

W.P.No.10760 OF 2020 16.9. For the purposes of Section 93(1)(c) of Cr.P.C., there is no requirement of issuing summons under Section 91(1) of Cr.P.C. prior to issuance of the search warrant.

16.10. Thus, I am of the considered opinion that it is not in all cases that the summons have to be issued prior to issuance of a search warrant. Even a perusal of Section 93 (1)(a) of Cr.P.C. would indicate that if the Court were to come to a conclusion that the issuance of summons under Section 93 (1) or 92 (1) of Cr.P.C. would not result in the production of the said document or information, a search warrant could be issued. The procedure for issuance of search warrant under Section 93 of W.P.No.10760 OF 2020 Cr.P.C. is dehors and over and above the requirements under Section 91(1) of Cr.P.C.