1 W.P. NO.2247/10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2247 OF 2010 Ravi Harichandra Makhija ..Petitioner V/s. The State of Maharashtra & Anr. ..Respondents. Ms. Edith Dey for petitioner. Dr. F.R. Shaikh, A.P.P. for respondent No.1. Mr. A.H.H. Ponda for respondent No.2. CORAM : A.M. KHANWILKAR AND U.D.SALVI, JJ. DATED : 13TH SEPTEMBER, 2010 P.C. :- 1. After having heard the arguments of both sides for some time, in deference to the observation made by the Court, Public Prosecutor in all fairness submits that the investigating officer will not insist to subjecting the petitioner to undergo potency test in relation to C.R. No.326/2009 filed by the respondent No.2 before the Gamdevi police station, Mumbai 2 W.P. NO.2247/10 under Section 498-A, 406 r/w. 34 of the I.P.C. In view of the statement, nothing survives for consideration in the present petition. We make it clear that the disposal of this petition will not come in the way of the Investigating Officer to proceed with the investigation of the pending case in accordance with law. Besides this, we are not expressing any opinion about the necessity of subjecting the petitioner to potency test, as has been prayed by the respondent No.2 in the proceedings before the Family Court, which will have to be decided on its own merits in context of that proceeding. The petition is disposed of. (U.D.SALVI, J.) (A.M. KHANWILKAR,J.)