- 1 - 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.2410 OF 2008 WRIT PETITION NO.2410 OF 2008 WRIT PETITION NO.2410 OF 2008 Jayashree d/o Manibhai Shah ...Petitioner vs. State of Maharashtra & Ors. ...Respondents Mr.S.K.Chaurasia i/b Mr.A.M.Saraogi for the petitioner Mr.R.M.Nakhwa A.P.P. for State CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : APRIL 23,2009 : APRIL 23,2009 : APRIL 23,2009 P.C.: P.C.: P.C.: 1. Heard Advocate for the petitioner. The petitioner filed a private complaint on which an order under section 156(3) of the Code of Criminal Procedure,1973 was passed by the learned Magistrate. In the said complaint, an application was made by the present petitioner-complainant seeking direction from the learned Magistrate to the accused to surrender their passport so that they are prevented from leaving the country. The said application has been rejected by the learned Magistrate. 2. On the basis of the order under section 156(3) of the said Code, though investigation is being carried out, by the police, a charge sheet is not yet filed. As rightly observed by the learned Magistrate, it is for the Investigating Officer to take appropriate steps if the accused are likely to be absconded. 3.Hence, the view taken by the learned Magistrate is correct. - 2 - No case is made out for interference. Petition is rejected. 4. It is obvious that the concerned Investigating Officer may take appropriate steps in accordance with law as an apprehension is expressed that the accused may go abroad and may not be available for investigation. JUDGE JUDGE JUDGE