Altaf Anwar Siddiqui @ Altaf Murgiwala And ORS v. Mohammed Asfaque Zaffar Junani And ANR

1 /2 907-wp-3462-15.doc Ladda FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3462 OF 2015 Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Ms Vrishali Raje for the petitioner.

Smt. R.V. Newton, APP for the Respondent-State. CORAM : A.S.GADKARI, J.

DATE : 13th April, 2016 P.C.

1) By the present petition, the petitioners have challenged the order of process dated 12.1.2015 passed by the Trial Court in CC No.145/SS/2015. In view of the guidelines and parameters laid down by the Supreme Court in the case of Shalini Shyam Shetty and Anr Vs. Rajendra Shankar Patil reported in (2010) 8 SCC, 329 the substantive alternate remedy is available at the command of the petitioner. In view of the same, the learned counsel for the petitioner seeks leave to withdraw the petition with liberty to file appropriate proceedings/revision before the Sessions Court. 2) Leave and liberty granted.

3) The writ petition is disposed off as withdrawn. 4) The ad-interim relief granted by this Court is running in favour of the petitioners since 8.9.2015, the same shall remain in force for a further period of four weeks from today.

5) It is needless to mention that while dealing with the matter the concerned Court will take into consideration the fact that the present

2 /2 907-wp-3462-15.doc petition was filed on 27.8.2015 and the period consumed in pursuing the present petition may be taken into consideration as per Section 14 of the Limitation Act.

6) The petition is disposed off in the aforesaid terms. (A.S.GADKARI, J.)