ssm sm sm 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 WRIT WRIT WRIT PETITION NO.1993 OF 2008 PETITION NO.1993 OF 2008 PETITION NO.1993 OF 2008 1. Mr.Dhavalshree Surendra Saraiya 2. Mr.Surendra Babubhai Saraiya 3. Mrs. Bharti Surendra Saraiya ...Petitioners. Vs. The Union of India, T/hrough Chief Passport Officer and Ors. ...Respondents. Mr.Dinesh Tiwari for the Petitioners. Mr. A.S.Gadkari, APP for State. Mr.K.S.Patil for Respondent No.2. CORAM CORAM CORAM : BILAL : BILAL : BILAL NAZKI & NAZKI & NAZKI & ANOOP ANOOP ANOOP V.MOHTA, JJ. V.MOHTA, JJ. V.MOHTA, JJ. DATED DATED DATED : 15TH JANUARY, 2009. : 15TH JANUARY, 2009. : 15TH JANUARY, 2009. P.C. P.C. P.C. The Petitioners by the present Writ Petition, seek directions to return of their passports on the ground that they have been seized by the Police Authorities. The Court found that the Petitioners were facing trial and are based in Dubai and if they are allowed to travel they may not return. This Court found a via-media and directed the Trial Court to take their trial on 8th December, 2008 onwards on day-to-day basis till the completion of the case. ( 2 ) 2. We are told that this order has been complied with by the learned Magistrate. In view of this we feel that the Writ Petition can be disposed of as no further directions are necessary to be given in the matter. However, the learned counsel appearing for the Petitioners submits that subsequent to the order passed by this Court, the Passport Authority without following the procedure proceeded, to impound the passports. If that is so, the Petitioners have to file a case as that being a fresh cause of action and they can agitate their grievances in such appropriate proceedings. 3. With these observations, the Writ Petition is dismissed. (ANOOP (ANOOP (ANOOP V. MOHTA, J.) V. MOHTA, J.) V. MOHTA, J.) (BILAL (BILAL (BILAL NAZKI, J.) NAZKI, J.) NAZKI, J.)