IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL MISC. APPLICATION NO. 149 OF 2010 IN CRIMINAL APPLICATION ( BAIL ) NO. 147 OF 2010 MR. LYNDON MONTEIRO THROUGH HIS MOTHER MRS. ELVINA MARIO MONTEIRO ... Applicant Versus STATE OF GOA REPRESENTED BY POLICE INSPECTOR MAINA CURTORIM POLICE STATION AND ANR. ... Respondent Mr. A. N. Nadkarni, Senior Advocate with Mr. Amit Palekar, Advocate for the applicant. Mr. C. A. Ferreira, Public Prosecutor for the respondents. Coram:- U. D. SALVI, J. Date:- 15th June, 2010 P.C. Heard. Perused the application for anticipatory bail which was moved by the mother of the applicant describing it as application under section 439 of Code of Criminal Procedure. Now it is contended that it was by mistake that the said application was described as application under section 439 of the Code of Criminal Procedure instead of under section 438 of the Code. It was pointed out by learned Advocate Mr. Iris Rodrigues, yesterday that law cannot be different for the applicant herein and the general masses. Nevertheless, he was not allowed to pursue his objection and learned Public Prosecutor Ferreira, for the State took over the cudgels and pointed out that the objection to the maintainability of the application has been taken in his reply. 2. In these circumstances this Court ordered the applicant to remain present before the Court for the purpose of prosecuting the present application and to show his bonafide. 3. Now learned Advocate Mr. Nadkarni on behalf of the applicant prays for withdrawal of the application. Prosecution has no objection for withdrawal of the same. 4. Criminal application(bail) no. 147 of 2010 is allowed to be withdrawn. 5. Criminal Miscellaneous application no. 149 of 2010 stands disposed off accordingly. U. D. SALVI, J. vn