JUDGMENT :

Pradip Mohanty, J. - This Revision is directed against the order dated 17.04.2007passed by learned S.D.J.M., Baripada in I.C.C. No. 45 of 2007 refusing to issue search warrant u/s 91 of the Code of Criminal Procedure for production of documents.

2. The brief facts of the case are that the Petitioner/complainant filed a complaint case registered as I.C.C. Case No. 45 of 2007 against the opposite parties under Sections 167/218/466/120-B/34 I.P.C. before the learned S.D.J.M., Baripada, who recorded initial statement on 13.04.2007. Thereafter, the Petitioner filed a petition u/s 91 Code of Criminal Procedure for production of Birth Register alleged to have been forged. In the said petition, the Petitioner prayed for the attendance of the opposite parties/accused persons and production of the entire Birth Register. The learned S.D.J.M. after hearing the Petitioner, rejected the application on 17.04.2007 on the ground that since there was no material before the court to infer that there had been manipulation in the Birth Register, there was no necessity to issue search warrant and it was not proper to direct production of the Register at that stage of the case.

3. Learned Counsel