-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL WRIT PETITION NO.2006 OF 2008 Hemant Mafatlal Mehta : Petitioner V/s. State of Maharashtra & Ors. : Respondents ... Mr.Chetan Agarwal for the petitioner. Mr.Rajesh More, Addl. Public Prosecutor for the State. Mr.Kishor N. Bhatia for respondent no.2. ... CORAM : A.S.OKA, J. DATE : APRIL 27, 2009. P.C. 1. Heard the learned counsel appearing for the parties. 2. Rule. 3. Advocate for the 2nd respondent waives service. Service of rule to the other respondents is dispensed with. 4. The learned counsel appearing for the 2nd respondent states that instead of keeping the petition pending and staying the proceedings of the complaint, the petition can be disposed of by allowing the prayer of the petitioner -: 2 :- for sending the documents to the handwriting expert. 5. In view of this submission, I find that the learned trial Judge, in the facts and circumstances of the case, could not have rejected the application made by the petitioner. In the circumstances, I pass the following order:- O R D E R (i) The impugned order dated 26.4.2007 is quashed and set aside. The application made by the petitioner on 18.3.2006 is allowed. The learned Magistrate will pass consequential order and will send the relevant documents to the handwriting expert with a request to the handwriting expert to submit his opinion within a specified time. (ii) Hearing of the complaint is expedited. (iii) Rule is made absolute in the above terms. A.S. OKA, J.