- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELATE JURISDICTION CRIMINAL APPLICATION NO.1941 OF 2009 Mr.Paresh Lal Shah ...Applicant vs. The State of Maharashtra ...Respondent Mr.A.H.H.Ponda with Ms T.M.Kapadia i/b Jaylegal Consultants for the applicant Ms S.V.Gajre A.P.P. For State Ms Indira Jaising, Sr.Advocate for complainant CORAM :A.S.OKA,J. DATE : JUNE 17, 2009 P.C. 1 Heard the learned counsel for the applicant. The grievance in this application under section 482 of the Code of Criminal Procedure,1973 is that though applications have been made by the applicant on 24 th March 2009 and 8 th April 2009, the said applications have not been heard as there was no Presiding Officer presiding over the court of the learned Metropolitan Magistrate, 47 th Court, Bombay. The learned counsel for the applicant states that since last Monday, a Presiding Officer has been appointed who has taken the charge. The learned senior counsel for the complainant states that the complainant has filed a petition before the Division Bench of this court seeking a direction for impounding of the passport of the applicant. The learned senior counsel for the complainant states that she has made a statement before the Division Bench of this court that she has no objection if these two applications are decided by the learned Magistrate. The learned counsel for the complainant states that the learned Magistrate be directed to hear the complainant at the time of hearing of the said applications. - 2 - 2 It is for the complainant to make an appropriate application before the learned Magistrate in that behalf which will be decided by the learned Magistrate in accordance with law. 3 Now, as stated by the learned counsel for the applicant, the learned Magistrate is available. The learned Magistrate will proceed to dispose of the pending applications in accordance with law. Since the applications are pending for some time and the relief sought in one of the applications is for grant of permission to leave the jurisdiction of the court for vising Banglore, the learned Judge will endeavour to dispose of the applications expeditiously. The application is disposed of. JUDGE