LAXMAN K PARDESHI Vs. VIMAL RAMANLAL PARDESHI

JUDGEMENT

(1.) This writ petition arises out of search warrant issued by the Judicial Magistrate, First Class, Phaltan on 15th December, 1990 against the petitioner on a complaint having filed against him, by the 1st respondent. The said search warrant was under challenge before the Additional Sessions Judge, Satara in Criminal Revision No. 221/1990. The Revision Court on going through the merits of the case found that such warrant was rightly issued by the learned Magistrate. It is this order that is under challenge in this writ petition.

(2.) I heard, learned counsel for the Petitioner Mr. Anturkar and Mrs. Mohite-Dere for the Respondent No.2. None for Respondent No.2.

(3.) As stated earlier, the writ petition arises out of an interim order of search warrant issued by the Magistrate against the petitioner and Revision Court held, on facts the said action of the Magistrate was correct and legal. This court is not normally expected to go into the merits of the case under exercise of powers under article 227 of the Constitution of India, unless it is shown that grave error of jurisdiction or misapplication of law has been committed by the courts below. I cannot see any miscarriage of justice in this case. I find no ground to interfere in this matter.