Moreshwar S/O Isnaji Wasekar And ANR v. State Of Mah. Thr. Pso And 3 ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Criminal Writ Petition (WP) No. 597 of 2009 (Moreshwar Isnaji Wasekar and another V/s State of Maharashtra and others) ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's orders Shri S.P Bhandarkar, Advocate for Petitioner. Shri N.D Thombre, Advocate for Respondent no.2. Shri S.D Sirpurkar, A.P.P. for Respondent-1,3 and 4. CORAM : R.K. DESHPANDE, J.

DATE : 10/10/2017 Heard.

Respondent No.2-Natthu s/o Kashiram Waghe has filed a pursis bearing Stamp No. 4155/2017 dated 06/10/2017, the contents of which are reproduced below:- "Pursis That the Respondent No.2 named above most respectfully submits as under :- 1.

That, the Petitioners have challenged the Complaint filed by this Respondent No.2 under Section 200 of the Criminal Procedure Code and the Order dated 28/10/2009 passed by the Learned Judicial Magistrate, First Class, Chimur in Complaint No.135/2009.

2.

That, this Hon'ble Court admitted the said Writ Petition and the same is listed for final hearing.

3.

That, the Respondent No.2 further submits that he do not want to proceed with the Criminal Complaint No.

135/2009 filed before the Learned Judicial Magistrate First Class at Chimur, District: Chandrapur. The Complainants further undertakes to withdraw the same by filing appropriate application. In view of this, the Writ Petition may kindly be disposed of with liberty to the Respondent No.2 to withdraw the Criminal Complaint No.135/2009.

Hence this pursis.

NAGPUR DATE :06/10/2017 Sd/- Respondent No.2 (N.D. Thombre) Advocate Counsel for Respondent No.2"

The learned counsel appearing for the respondent No.2 submits that the pursis is signed by the respondent No.2, and for identification of his signature, the counsel has also signed the pursis. Shri S.P. Bhandarkar, the learned counsel appearing for the petitioner, submits that if the

undertaking given in the aforesaid pursis is executed, nothing survives in this petition.

Hence, the petition is disposed of as infructuous unless there is a further complaint of failing compliance of the undertaking given in the pursis.

Rule stands discharged. No order as to costs.

JUDGE nandurkar