1 IN THE HIGH COURT OF JUD ICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO.482/2010 Applicant :- Jalil Ahmad Khan s/o Abdul Hamid Khan, aged about 46 years, Occupation:Assistant Teacher in Z.P. Buldhana, presently serving at Rohana, Tq. Khamgaon, Distt. Buldhana. ...Versus... Non-applicants :- 1. Umme Habibi Begum w/o Jalil Ahmad Khan, aged about 32 years, Occupation : Household. 2. Faraha Diba d/o Jalil Ahmad Khan, aged about 19 years, Occupation : Education. Non applicant Nos.1 & 2 resident of Millat Colony, Khamgaon, Tq. Khamgaon, Distt. Buldhana. 3. The State of Maharashtra. ................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................ [Shri R.S. Kurekar, Adv. for applicant] [Shri Y.B. Mandpe, App for non-applicant No.3] CORAM : A.B. CHAUDHARI, J. DATED : 19.03.2010 1. The Courts below have refused to issue search warrant under Section 93 of the Code of Criminal Procedure. 2. Heard learned Counsel for the applicant. He has shown to me the list of golden ornaments and documents, which according to him, are required to be seized by warrant of search. 2 3. I have seen the list of the golden ornaments and other documents, which are required to be seized by warrant of search, according to the learned Counsel for the applicant. 4. Learned Counsel for the applicant submits that these documents are required for preparing his defence in application under Section 125 of the Code of Criminal Procedure. 5. Having perused the list shown to me by learned Counsel for the applicant, I am not at all satisfied that it has anything to do with the defence to be taken in the written statement in the proceedings under Section 125 of the Code of Criminal Procedure, which are for grant of maintenance to wife and child. At any rate, it is well within knowledge of the applicant about purchase of articles and golden ornaments etc., he can file his written statement and can take his defence as per his memory. The requirement of such warrant, however, is not made out. In the result, I do not find any error in the impugned order. There is no merit in the criminal application. The same is, therefore, dismissed. JUDGE ssw