Ketan K. Tirodkar v. Sada Date And ORS.

Dixit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.236 OF 2015 Ketan K. Tirodkar ... Petitioner V/s.

Sata Date, Joint Commissioner, Crime Branch, Mumbai-1 & Ors.

.... Respondents Mr. Ketan Tirodkar, the Petitioner, is present in person.

Mrs. S.D. Shinde, A.P.P., for the Respondents/State. CORAM : P.V.HARDAS & DR. SHALINI PHANSALKAR-JOSHI, J.J.

DATE : 6 TH FEBRUARY, 2015.

P.C. :

1.

When this Petition was listed before us on 30th January, 2015, we had granted leave to the Petitioner for amending the Petition, including the prayer clause. We had also recorded the statement of the learned A.P.P., who sought time for making the details of the crime available to the Petitioner. Today, when the Petition is called out for hearing, the learned A.P.P. states, on instructions from Mr. R. Sardesai, P.I., Cyber Police Station, who is present in Court, that pursuant to the investigation, which was carried out in Crime No.23 of 2010, the Investigating Officer has submitted a Charge-Sheet on 28th January, 2015 before the Additional Chief Metropolitan Magistrate, Esplanade Court, Mumbai. The learned 1/2

A.P.P. further states, on instructions from the Investigating Officer, who is present in Court, that the Investigating Officer would submit an application to the learned Magistrate for seeking permission for further investigation. In that light of the matter, the learned A.P.P., states, on instructions, that the Investigating Officer withdraws the impugned notice issued to the Petitioner, dated 17th January, 2015. The learned A.P.P. further states, on instructions, that in the event the learned Magistrate grants permission to the Investigating Officer for further investigation, the Investigating Officer would take further steps in accordance with law. 2.

On the basis of the said statement recorded above, the Petitioner, who appears in person, seeks to withdraw this Petition. We, accordingly, dismiss this Petition as withdrawn with liberty to the Respondents to take further steps in accordance with law, after the Magistrate grants permission to the Investigating Officer for further investigation. 3.

In the circumstances, there shall be no order as to costs. [DR. SHALINI PHANSALKAR-JOSHI, J.] [P.V.HARDAS, J.] 2/2