spb/- 1 15-10-wp2932-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI. WRIT PETITION NO. 2932 OF 2010 Shri Deepak Naraindas Bathija ... Petitioner. Vs. State of Maharashtra & Ors. ... Respondents. ...... Mr. Jitendra M. Patil for the Petitioner. Mr. P. S. Hingorani, APP for the State. ...... CORAM : V. M. KANADE, J. DATE : 15TH OCTOBER, 2010. P.C. 1 Heard. 2 By this petition the petitioner challenges the order passed by the learned Magistrate on an application filed by the petitioner for return of the original documents. By the said order, the learned Magistrate had directed that the certified copies of the original documents should be given to the petitioner, original complainant and the original documents should be retained. . The complaint was filed by the petitioner for offence punishable under sections 420, 504, 506 of the I.P.C. and in support of the said complaint, original documents were filed. It is submitted by the learned counsel for the petitioner that he has also filed a civil suit in this court, which is pending and that he may require those documents for the purpose of filing them in this court. Secondly, it is submitted that there is possibility of the said documents to be misplaced or lost in the court of Metropolitan Magistrate. spb/- 2 15-10-wp2932-10.sxw 3 In my opinion, in these circumstances it would be appropriate for the learned Magistrate to return the original documents filed by the petitioner after retaining the certified copies of the originals. The petitioner shall file an undertaking in this court and in the trial court that he shall return the original documents to the court as and when demanded by the trial court. The undertaking shall be filed within one week from today. 4 With these direction, the petition is disposed of. [V.M. KANADE, J.] .....