High Court orders expedited 498a case and release passports of NRIs -Bombay HC

 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 CRIMINAL APPELLATE SIDE
 Criminal Writ Petition No. 1993 of 2008
 Mr. Dhavalshree Surendra Saraiya

 Versus.
 The Union of India

CORAM: S. B. MHASE & 
A. A. SAYED,JJ. 
DATE: November 18, 2008.



 1. The petitioners are working and staying in
 Dubai. They are Indian nationals working in Dubai. They
 are prosecuted by one Mrs. Meghna who is the wife of
 petitioner no.1 - Dhavalshree Surendra Saraiya. The
 prosecution is for the offences punishable under section
 498-A, 406, 354, 234, 504, 506 read with 34 of IPC. The
 charge sheet has been filed. The case is pending before
 the 13th JMFC Court, Thane.
 2. The petitioners have approached to this Court
 for getting the passports which have been seized by the
 police authorities and sent to the Passport Authorities.
 One thing is clear that once the petitioners go out of
 India, the continuation of the prosecution will become
 difficult. We desire to return the passport, however, only

 after completion of the prosecution at least before the
 JMFC.
 3. Therefore, the 13th JMFC Court, Thane is hereby
 directed that he shall frame charge in the present matter
 on 20/11/2008 and we direct the petitioners - accused to
 remain present before the JMFC for framing of the charge.
 We further direct the JMFC to fix up the matter for hearing
 and recording of evidence on 8th December 2008 onwards on
 day-to-day basis.
 4. The State Public Prosecutor is hereby directed
 to give witnesses list before the JMFC on or before
 21/11/2008 and get the summons issued to the said witnesses
 returnable on 8/12/2008 onwards. The prosecutor who
 conducts the case and the JMFC before whom the case is to
 be conducted are directed to conduct the case de die in
 diem, i.e., day-to-day till the decision of the case, and
 on no ground the case should be adjourned.
 5. The investigating Officer who is investigating
 the case shall remain present in the JMFC’s Court from 8th
 December 2008 till the completion of the case so that his
 evidence can be recorded, if necessary, at the closure of
 the evidence. The judgment in the matter shall be
 pronounced and delivered by the said JMFC within two days
 after the closure of the evidence.

 6. S.O. 5th January 2009.
 7. Both petitioner as well as respondent undertake
 to this Court to withdraw Revision Petitions filed by them
 before the Sessions Judge at Thane bearing Revision
 Application Nos. 109/2008, 110 of 2008 and 207 of 2008.

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