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.2323 OF 2007 WRIT PETITION NO.2323 OF 2007 WRIT PETITION NO.2323 OF 2007 Om Prakash Babu Singh alias Amar Singh : Petitioner. versus The State of Maharashtra : Respondent. Mrs.Trupti Shetty for the petitioner. Mrs.M.H.Mhatre, APP, for the State. CORAM CORAM CORAM : A.P.DESHPANDE, J. : A.P.DESHPANDE, J. : A.P.DESHPANDE, J. DATED DATED DATED : FEBRUARY 01, 2008. : FEBRUARY 01, 2008. : FEBRUARY 01, 2008. P.C. P.C. P.C. 1. Petitioner Om Prakash Babu Singh alias Amar Singh is Accused No.3 in C.R.No.144/04. He came to be arrested on 9th May 2007 and since then he is in jail being in Magisterial custody. The charge sheet and supplementary charge sheet came to be filed before the Magistrate. The 2 offence is under Sections 366, 420, 506-II r/w Section 34 of the Indian Penal Code. The petitioner is facing prosecution under the MCOC Act and he is in magisterial custody in the said case. Only grievance that is pressed in service in this petition is that the magistrate has not committed the case to the Sessions Court. Learned APP, on instructions from the Investigating Officer, has submitted that Accused No.1 Ashish Kumar is not traceable and he has jumped on the bail. Accused No.2 Raviprasad Singh Jalim Singh has absconded from J.J.Hospital. The record reveals that the case is pending with the Railway Mobile Court, Andheri and on two occasions summons have been issued for production of the present petitioner, so that the order of committal of the case could be passed. But on account of failure on the part of of the jail authority, the petitioner has not been produced before the said court which has resulted in delay in passing the order of committal of the case by the concerned court. The learned APP assures this court that the jail authority will produce the present petitioner before the Railway Mobile Court, Andheri in the concerned case on 15th February 2008. On production of the 3 petitioner before the court, the Railway Mobile Court, Andheri shall proceed to pass an appropriate order in regard to the committal of the case to the Sessions Court as expeditiously as possible. It is expressly made clear that no other ground has been pressed in service and without touching the merits of the matter, this order is passed leaving all the questions open to be agitated at an appropriate time and before the appropriate forum. The writ petition is disposed of. [A.P.DESHPANDE,J] [A.P.DESHPANDE,J] [A.P.DESHPANDE,J]