1` IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Writ Petition No. 639/2009 Miss Rachael Mary Fay vs. Dy. Commissioner of Police and Foreigners Registration Officer, Special Branch, Nagpur. ----------------------------------------------------------------------------------- Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. CORAM : A.P.Lavande & Prasanna B. Varale,JJ DATE : 26.11.2009 Heard Mr. Vyas, learned counsel for the petitioner. Mrs. Dangre, learned Addl. P.P. waives notice on behalf of the respondent. By this petition the petitioner has challenged the order dated 21.11.2009 passed by the respondent in exercise of the powers conferred under Section 3(2)(c) of the Foreigners Act, 1946 directing the petitioner to leave India within seven days from the receipt of the notice failing which the petitioner has been threatened with prosecution and forcible deportation. Mrs. Dangre, learned Addl. P.P. upon taking instructions from the respondent states that since no reasons have been given in the said order the respondent would withdraw the said order and issue fresh order since the petitioner has 2` contravened the provisions of business visa given to her. Mrs. Dangre, makes a grievance that the petitioner is not cooperating with the respondent and she was not available for service of notice and, therefore, the petitioner be directed to appear before the respondent tomorrow at 11.00 a.m.. Mr. Vyas, learned counsel for the petitioner upon taking instructions from the petitioner states that the petitioner shall appear before the respondent tomorrow i.e. 27.11.2009 at 11.00 a.m.. In view of the above, the statement made by Mrs. Dangre that the respondent would withdraw the notice dated 21.11.2009 is accepted with liberty to the respondent to issue fresh order in accordance with law. The petitioner is directed to appear before the respondent on 27.11.2009 at 11.00 a.m.. Writ Petition stands disposed of. Parties to act on the steno copy duly authenticated by the Sheristedar. JUDGE JUDGE patle 3`