1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL WRIT PETITION NO. 1172 OF 2009 Tagya s/o Jagtap Kale ...Petitioner VERSUS The Commissioner of Police, Aurangabad and others ...Respondents ..... Shri A.B.Gaikwad, advocate for the petitioner Shri K.S.Patil, APP for the respondents/State ..... CORAM : P.V.HARDAS AND SHRIHARI P.DAVARE, JJ. DATED : 05.01.2010 PER COURT : 1 This is a petition under Article 226 of the Constitution of India praying for issuance of writ of mandamus directing the respondents to produce the petitioner before the Judicial Magistrate, First Class, Mangrol, District Surat, State of Gujrat. 2 2 It appears that the petitioner came to be arrested in Crime No. 89 of 2005 under Sections 395, 397 of the Indian Penal Code and under Sections 25 and 27 of the Indian Arms Act registered at Kasumba police station, Gujrat State and is presently lodged in the Central Jail at Harsool. 3 The grievance of the petitioner is that despite several communications, issued by the Magistrate at Mangrol for production of the petitioner, the petitioner has not been produced. 4 Learned A.P.P. states on instructions that the petitioner could not be produced on the previous occasion on account of nonavailability of the P.S.I. as a member of the escort party. It is further stated before us by learned A.P.P., on the basis of the instructions provided to him, that the petitioner would be produced as and when production warrant for the production of the petitioner is received from the concerned court. 5 We accept the afore said statement as an undertaking to the court. The production of the petitioner before the concerned court at Mangrol is essential in order to ensure speedy trial. In the light of the statement, which we have accepted as an undertaking to the court, nothing further survives for 3 determination in this petition. This petition is accordingly dismissed accepting the statement made by the learned A.P.P. with no order as to costs. 6 Copy of this order duly authenticated by the Court Sheristedar be provided to the parties on their demand. (SHRIHARI P. DAVARE, J.) (P.V.HARDAS, J.) dbm/crwp1172.09