: 1 : SD IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL WRIT PETITION NO.1878 OF 2008 WRIT PETITION NO.1878 OF 2008 WRIT PETITION NO.1878 OF 2008 Suresh Surendranath Deshpande . and Anr. ... Petitioners V/s. State of Maharashtra & Anr. ... Respondents Mr.A.P. Wachasunder i/b. L.J. Law for the Petitioners. Ms.S.V. Gajare, APP, for Respondent No.1. Mr.A.B. Vagyani for Respondent No.2. CORAM CORAM CORAM : ABHAY S. OKA, J. : ABHAY S. OKA, J. : ABHAY S. OKA, J. DATE DATE DATE : 21ST APRIL, 2009. : 21ST APRIL, 2009. : 21ST APRIL, 2009. P.C.: P.C.: P.C.: 1. Heard learned Counsel appearing for the petitioners and the learned APP for the State of Maharashtra for the original complainant. 2. The learned Counsel appearing for the petitioners states that the petitioners have no objection if the Court of the learned Judicial Magistrate at Akola hands over custody of the documents referred to in order dated 16th September, 2008 passed by this Court to the concerned investigating officer. The said documents are admittedly filed before the learned Judicial Magistrate First Class at Akola. : 2 : 3. On application being made by the investigating officer, the learned Magistrate will allow custody of the said documents to be taken by the concerned investigating officer for the purposes of investigation. The learned Magistrate may impose suitable conditions while handing over custody of the documents to the investigating officer. 4. The learned APP, on instructions, states that if the documents on record of the Court of the learned Judicial Magistrate First Class at Akola are received by the investigating officer, then the occasion for insisting on compliance with clause (c) of paragraph 2 of the operative part of the impugned order will not arise. 5. In view of the direction issued to the Court at Akola to give custody of the documents to the investigating officer, the question of insisting on compliance with clause (c) will not arise. Therefore, it is not necessary to entertain this Petition. Accordingly, the Petition is disposed of. However, if any action is sought to be taken against the : 3 : petitioners on the basis of the said clause (c) of paragraph 2 of the operative part of the impugned order dated 29th May, 2008, it will be open for the petitioners to file a fresh Petition for challenging the said clause. 6. All contentions of the parties are kept open. [ABHAY [ABHAY [ABHAY S. OKA, J.] S. OKA, J.] S. OKA, J.]