1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 748 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr. Balasaheb Deshmukh, Advocatefor the petitioner. Mrs S.D.Shinde, APP, for the respondent- State. CORAM: D.B.BHOSALE AND A.R.JOSHI, JJ. DATE : 09/04/2010 PC: Heard learned counsel for the petitioner and learned APP for the State. Counsel for the petitioner, on instructions, does not press prayers (b), (c) and (d) in the writ petition and seeks liberty to file appropriate proceedings in respect thereof. These prayers are disposed of as not pressed. It is open to the petitioner to adopt appropriate remedy if he so desires in respect of these prayers. While passing the order, we shall not be understood to have T 1 examined the rights of the petitioner and the merits of his contentions in respect of these prayers. If the petitioner files any such proceedings, same may be dealt with in accordance with law. Prayer (a) in the petition reads thus; “Be pleased to direct the respondents to remove the dead body of the unknown person buried at Survey No.156/C situated at Zakhinwadi, Taluka Karad, District Salara for the reasons and circumstances as mentioned herein above.” Insofar as this prayer is concerned, it appears that Senior P.I., Karad City Police Station, has filed the application dated 15.3.2010 before the Executive Magistrate, Karad Taluka, Karad, seeking permission to exhume the dead body and bury the same at the burial ground. The learned Magistrate has not passed order on the said application in view of the fact that the petition was pending before this court. The State has filed the affidavit of one Sudhir Yadu Ghidake, a police 1 constable, stating so, in paragraph 6 thereof. In the circumstances, we are satisfied that this petition can be disposed of by the following order. The learned Magistrate shall endeavour to decide the application dated 15.3.2010 filed by the Senior Police Inspector, Karad, on merits and in accordance with law as expeditiously as possible and preferably within a period of two weeks from the date of receipt of this order. If the order passed on this application is adverse to the petitioner, the petitioner will have a liberty to challenge the same in appropriate proceedings. It is also open to the petitioner to appear before the magistrate and seek hearing if he so desires. With these observations, the writ petition is disposed of. (A.R.JOSHI, J.) (D.B.BHOSALE, J.) 1