- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL REVISION APPLICATION NO.238 OF 2003 REVISION APPLICATION NO.238 OF 2003 REVISION APPLICATION NO.238 OF 2003 Central Bureau of Investigation New Delhi ...Petitioner vs. Shri Sushil Sain & Others ...Respondents Mr.Vishwas Gupte for the Petitioner Mr.N.K.Thakre i/b Mr.Prakash Naik for Respondent Nos.1,2,4 & 8. Mr.Ashwin Shete i/b M/s.Khaitan & Jaykar for Respondent No.9 CORAM: CORAM: CORAM: V.C.DAGA,J. V.C.DAGA,J. V.C.DAGA,J. DATE DATE DATE : APRIL 23,2008 : APRIL 23,2008 : APRIL 23,2008 P.C.: P.C.: P.C.: 1. When this matter is called out, Mr.Gupte who was appearing for C.B.I. in this case informed that he was appearing as Counsel in this case for the petitioner-original Applicant since, he was on the panel of Union of India. Now, he informs me that he ceased to be on the panel of Union of India. Hence, he can no longer appear in the above matter. He further submits that he has already informed the Superintendent of Police, Anti Corruption Unit-VII, C.B.I., New Delhi by his letter by registered post A.D. dated 5th July 2007 requesting him to engage any other Advocate since he has ceased to be on the panel of Union of India. He has also produced an acknowledgment evidencing the receipt of his letter to the addressee dated 13th July 2007. He has shown me the original letter with original acknowledgment and expressed - 2 - his inability to proceed with the matter. The photo copy of the said letter and acknowledgment handed over by Shri Gupte is retained on the record and marked ‘X’ for identification. 2. Learned counsel submits that he is unable to proceed with the matter for the reasons recorded. Since the petitioner-applicant has not made any alternate arrangement, I have no option but to dismiss the application for non prosecution. In the result, application stands rejected for want of prosecution. JUDGE JUDGE JUDGE