1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAQL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2499 OF 2009 Bilkis w/o Abrar Sayyed and ors .. Petitioners Vs The Director General of Police and ors. .. Respondents Mr Nitin Pradhan i/b Mr V.A.Londhe, for the petitioners. Mr Prakash Naik, for applicant - Intervenor in CA No.48/10. Mr S.N.Gawade, APP, for respondent-State. Mr B.B.Yadav, Dy.Commissioner of Police, Special Branch/Crime Branch, Solapur City present. CORAM : D.B.BHOSALE & A.R.JOSHI,JJ. DATE : 25/03/2010. PC: 1. Heard learned counsel for the parties and perused the order dated 11.3.10 passed by this Court. 2. This Court, on 11.3.10 in respect of Nazir Karigar, observed as follows: “If Visa is not extended obviously Nazir Karigar cannot stay in India. We expect the authorities to immediately take necessary action in respect of Nazir Karigar in accordance with law. This includes concerned officer of Union of India and also of Special Branch/Crime Branch, Solapur.” 3. Learned APP, on instructions from Mr B.B.Yadav, Dy. Commissioner of Police, Crime Branch, submits that Mr Yadav T 2 will take appropriate action in accordance with law against Nazir Karigar, if it is found that his Visa/residence permit is not extended by the concerned authority of Union of India and that he is staying in this country without valid Visa/ permit. His statement is accepted. 4.This Court, vide order dated 11.3.2010, had also issued direction to make necessary inquiry about Tabbasum wife of Nazir Karigar and to find out whether she had migrated to Pakistan in 1996. This direction was issued in view of the allegations made by the petitioner that she is a Pakistani national. Mr Yadav filed an affidavit on 20.1.2010 denying that Smt.Tabbasum Nazir Karigar is a foreign citizen. Despite this Mr Pradhan, learned counsel for the petitioner, submits that the petitioner has sufficient material with him to show that she is a foreign citizen. He submits that the petitioner will hand over copies of all documents in his possession to Mr Yadav within ten days from today, in support of his claim. Learned APP, on instructions, submits that Mr Yadav will examine the said material and if he finds that Tabbasum is also a foreign citizen, he would take appropriate action against her in accordance with law. Statements made by Mr Pradhan and learned APP are accepted. 5.Mr Pradhan, at this stage, on instructions from the petitioner, 3 prays for withdrawal of this petition with liberty to the petitioner to approach appropriate court for seeking direction under section 173(8) of the Code of Criminal Procedure for appropriate orders. The writ petition is disposed of as withdrawn with liberty as prayed. While granting liberty we shall not be understood to have examined merits of the case. (A.R.Joshi,J.) (D. B. Bhosale, J.)