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Bombay High CourtWPCR/155/2015withdrawn

Shri.Olavo Alemao, Through Attorney Shri Derrick Alberto Braganza. v. State, Through Public Prosecutor And 2 ORS.,

2015-12-16F. M. Reis,Hon'Ble Shri Justice C. V. Bhadang2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL WRIT PETITION NO. 155 OF 2015 SHRI.OLAVO ALEMAO, THROUGH ATTORNEY SHRI DERRICK ALBERTO BRAGANZA.

... Petitioner

Versus

STATE, THROUGH PUBLIC PROSECUTOR AND 2 ORS., ... Respondents Mr. Prasheen Lotlikar, Advocate for the Petitioner. Ms. M. Pinto, Additional Public Prosecutor for the Respondents. Coram:- F. M. REIS & C. V. BHADANG, JJ.

Date:- 16th December, 2015 P.C.:

Mr. P.S. Lotlikar, the learned Counsel appearing for the petitioner seeks leave to withdraw the above Writ Petition as in the meanwhile the Division Bench of Aurangabad High Court by judgment dated 21/10/2015 passed in Criminal Writ Petition No.159/2014 and other connected petitions has come to the conclusion that the order passed under Section 156(3) of the Cr.P.C. is an interlocutory order. Mr. Lotlikar, the learned Counsel, as such, points out that the petitioner may be permitted to avail his remedy in filing revision before the concerned Court.

2. Hence, the petition stands dismissed as withdrawn with liberty as prayed for. All contentions of the parties are left open. C. V. BHADANG, J.

F. M. REIS, J.

WPCR/155/2015 NH