:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE CRIMINAL WRIT PETITION NO.22 OF 2008 CRIMINAL WRIT PETITION NO.22 OF 2008 CRIMINAL WRIT PETITION NO.22 OF 2008 Vimla Malshi Shah .. Petitioner. v. The State of Maharashtra & Ors. ..Respondents. Mr.Shirish Gupte Sr.Counsel a/w Shri S.V.Marwadi, , advs. for the Petitioner. Mr.P.A.Pol, APP for the Respondent/State. Mr.Tushar Garodia and Nisha Parmar, advs. for the Respondent No.3. Mr.Kishor Jain, adv. for the Respondent No.2. CORAM: CORAM: CORAM: J.H.BHATIA,J. J.H.BHATIA,J. J.H.BHATIA,J. DATE: 9th January, 2008. DATE: 9th January, 2008. DATE: 9th January, 2008. P.C. P.C. P.C. 1. This petition was filed against the impugned order passed by the Metropolitan Magistrate 26th Court, Borivali issuing search warrant under Section 93(1) of the Cr.P.C. for taking search of the premises of the present petitioner for search of certain documents, on the request made by the police. Today the petitioner has filed her affidavit alongwith certain documents to show that long before this application was made by the police, she had received a letter dated 23rd August, 2005 from her client Pravin Satra and in response to that, she had returned all the documents on 21st September, 2005. She had produced copy of the letter and copies of the receipts showing that the same was :2: sent by courier as well as the receipts/acknowledgments from her client to show that he had received all the documents listed therein. After perusal of the record and on taking instructions from the Investigating Officer, PSI Jagdish Sawant, the learned APP Mr.Pol makes a statement that the Investigating Officer is satisfied with record and does not want to take any search of the premises of the petitioner but he will like to record statement of the petitioner in relation with some documents and particularly the documents, which she has sent back. The petitioner has no objection to make the statement. In such circumstances, the petition stands disposed off with following directions: i. The Investigating Officer PSI Jagdish Sawant shall record statement of the petitioner at her office on 10th January, 2008 from 11.00 a.m. 2. The impugned order stands set aside only to the extent of premises of the petitioner. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)