1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.496 OF 2009 Hemantkumar Parsurampuria Petitioner versus State of Maharashtra and another Respondents S.V.Marwadi i/by S.P.Narkar for petitioner. P.D.Desai i/by M/s.Dhru & Co. for respondent no.2. Miss A.T.Javeri, APP for State. CORAM : A.S.OKA, J. DATE : 18th June 2009 PC :- 1. Learned counsel for the petitioner seeks permission to withdraw the petition. He invited my attention to the observations made by the learned Magistrate in paragraph no.11 of the impugned order. He pointed out that the learned Judge has observed that the accused persons virtually have no defence. 2. It is obvious that the said observation made by the learned Trial Judge cannot be read as a conclusion or finding recorded by him. The trial is still in progress. Whether the petitioner has any defence and whether the defence has any worth are the questions to be 2 decided finally at the time of conclusion of the trial and, therefore, the said observation will naturally not bind the learned Judge at the time of final disposal of the case. 3. Subject to what is observed above, the petition is dismissed as withdrawn. It is brought to my notice that hearing of the case has already been expedited by this Court. The learned Magistrate is bound to consider the said order. (A.S.OKA, J.)