1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Criminal Writ Petition No.513 of 2006 HDFC Bank, a Banking Concern registered under the having its Office at Shankar Nagar, Nagpur, through its Deputy Manager Shri Sastish s/o Sriniwasrao Mudliyar, aged 31 years, occupation – service, resident of Sitabuldi, Nagpur. .... Petitioner. Versus 1. Mansoor son of Murtza Khan, aged years, occupation – Business, resident of Zakirhussain Ward, Ballarshah, Distt. Chandrapur. 2. State of Maharashtra, through PSO Rajura, Distt. Chandrapur. ..... Respondents. ***** Mr. S. B. Walekar, Adv., for petitioner. Mr. A.R. Wagh, Adv., for respondent No.1. Mr. A. Parihar, Additional Public Prosecutor for respondent no.2. ***** 2 CORAM : A.H.JOSHI, J. Date : 26th June,2008. ORAL JUDGMENT : 1. Rule. Rule is made returnable forthwith and heard by consent of parties. 2. Petition can be disposed of on sole ground that Section 93 of Criminal Procedure Code applies when Section 91 thereof is invoked. 3. Jurisdiction under Section 91 of Criminal Procedure Code can be invoked when “any investigation, enquiry, trial or other proceeding under this Code by or before such Court or Officer is pending.” 4. Admittedly, no such proceeding is pending. In absence of such proceeding, prayer for production, search warrant etc., is totally without jurisdiction. 5. In view that proceedings are taken by the respondent no.1 vexatiously, the respondent no.1 shall pay to the petitioner amount in a sum of Rs.5,000-00 [rupees five thousand only]. 3 6. Rule is, therefore, made absolute in terms of Prayer Clause [i], and costs as indicated in para 5 above. JUDGE -0-0-0-0- |hedau|