1 cr-wp-1150-11 jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI. WRIT PETITION NO. 1150 OF 2011 Shri. Pramod Kumar Dubey ] Aged about 46 years, Occ: Business ] Having address at Flat No. 802, ] Horizon Bldg. Neptune Living Point, ] L.B.S.Road, Bhandup West, ] Mumbai-400 078 ]..Petitioner Vs. State of Maharashtra ] (At the instance of Sahar Airport ] Police Station) ]..Respondent .... Mr. J.S.Kini Advocate i/b Mr. Suresh Dubey Advocate for petitioner Mr. A.S.Gadkari A.P.P. for the Respondent-State Mr. G.L.Bhusare P.S.I. from Sahar Airport Police Station, Mumbai .... CORAM : P.V.HARDAS AND M.N.GILANI, JJ. DATED : APRIL 26, 2011 ORAL JUDGMENT [PER P.V.HARDAS, J.]: 2 cr-wp-1150-11 1 Rule. Rule returnable forthwith. With the consent of the learned Counsel for the parties this petition is heard finally at the stage of admission. 2 At the outset learned Counsel for the petitioner seeks leave of this Court to amend the petition by incorporating a prayer for issuance of directions to the Metropolitan Magistrate, 22nd Court, Andheri, Mumbai to decide the application filed by the petitioner on 11.4.2011 seeking return of his passport. Learned Counsel for the petitioner very fairly states that petitioner does not press for other reliefs prayed for by the petitioner at prayer clauses (a), (b) and (c) to the petition but restricting the relief in the petition to the proposed amended prayer. We accordingly grant leave to the petitioner to amend the petition as prayed for. Petition therefore would stand dismissed as against the prayer clauses (a), (b) and (c) to the petition with liberty to the petitioner to avail such remedies as are available to the petitioner in law in respect of the relief at prayer clause (a) to the petition. 3 It appears that a charge sheet came to be filed on 8.4.2011 in respect of several offences including Sections 465, 468 etc. of the Indian Penal Code. The petitioner is an accused who has been charge sheeted and the criminal case is pending on the file of the Metropolitan Magistrate, 3 cr-wp-1150-11 22nd Court, Andheri, Mumbai. Petitioner filed an application on 11.4.2011 seeking return of his passport. The trial Court has adjourned the hearing of the application to 1.6.2011. According to the petitioner, the return of the passport is imperative in order to enable the petitioner to travel abroad to Dubai in the light of ensuing examinations of his daughter. In that light of the matter the petitioner therefore prays for issuance of appropriate directions to the learned trial Court to decide the application within a reasonable period. 4 We see plight of the petitioner and also understand the urgency expressed by the petitioner in the decision of the aforesaid application which is for return of his passport. In such circumstances therefore we direct the trial Court to expeditiously decide the said application filed by the petitioner on 11.4.2011. For the aforesaid purpose the petitioner and the officers of the Sahar Airport Police Station, Mumbai shall attend the Court of Metropolitan Magistrate, 22nd Court, Andheri, Mumbai on 2.5.2011 at 11.00 a.m. The learned A.P.P. on instructions from the police officer from the Sahar Airport Police Station, assures that a reply to the application filed by the petitioner would be filed in the trial Court on that day and the officers of the Sahar Airport Police Station would not seek any adjournment on that score. We further direct the trial Court to decide the said application within two weeks of 2.5.2011 in accordance with law. 4 cr-wp-1150-11 5 Rule is therefore made absolute on the above terms with no order as to costs. 6 Copy of this order duly authenticated be provided to the parties to act upon. [ M.N.GILANI, J. ] [ P.V.HARDAS, J. ]