1 442.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.442 OF 2011 Mr.Ashok S/o.Motilal Saraogi ...Petitioner Versus The State of Maharashtra ...Respondents ...... Mr.A.H.H.Ponda i/b Mr.R.R.Varma for Petitioner. Mr.A.S.Gadkari, A.P.P. for State. ...... CORAM:- A.M.KHANWILKAR AND A.R.JOSHI, JJ. DATED:- FEBRUARY 22, 2011. P.C. 1. Learned A.P.P. on instructions of the Police Officer states that the grievance of the petitioner in the written complaint dated 7th February, 2011 is in the nature of defence in the criminal case registered against him. Insofar as the allegation regarding possibility of fabrication of record which is part of the said investigation, at the instance of persons named by the petitioner in Paragraph 22 of the complaint, even that aspect is being examined. In the event, any substance is found in the said allegation, the matter will be taken to its logical end in accordance with law. We have been informed by the learned A.P.P. that the complaint has been considered by the Commissioner of Police, who in turn, has asked the Deputy Commissioner of Police, Zone-11 to inquire into the same. 2 442.11 2. In view of the above submission, Counsel for the petitioner withdraws this Petition, as nothing survives for consideration in this Petition. 3. We make it clear that the criminal action against the petitioner will have to proceed on its own merits in accordance with law. (A.R.JOSHI, J.) (A.M.KHANWILKAR, J.)