ORAL JUDGMENT:

1. This is an application u/s 482 of the Criminal Procedure Code, by which the applicant has challenged the order passed in Criminal Revision Application No.03/2003 dated 12.11.2003 by which the learned 3rd Additional Sessions Judge, Dhule has confirmed the order dated 19.12.2002 passed by JMFC, Shirpur in Criminal Miscellaneous Application No.226/2002.

2. Rule was issued in this application on 09.03.2004 relying on the judgment reported in 2004 (1) Mh.L.J. 253 in the matter of “Marotrao s/o Shamrao Pachare V/s Usha Marotrao Pachare”.

3. Heard learned counsel for the applicant followed by the submissions of learned APP and learned counsel for respondent No.1.

4. The core issue for consideration in this application is about scope of issuance of search warrant u/s 97 of the Criminal Procedure Code. In the premise, it is necessary to reproduce section 97 of the Criminal Procedure Code, which reads thus“

“97. Search for persons wrongfully confined – If any District Magistrate, Sub Divisional Magistrate or Magistrate of the first class has reason to believe that any person is confined under such circumstances that the confinement amounts to an offence, he may