1 wp1797.10 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1797 OF 2010 WITH CRIMINAL APPLICATION NO.276 OF 2010 IN CRIMINAL WRIT PETITION NO.1797 OF 2010 Shri Ganpat Gopal Bhoir. ....Petitioner Vs. The State of Maharashtra & Anr. ....Respondents Mr. Niteen V. Pradhan with Ms. S.D.Khot & Ameeta Kuttikrishnan, advocate for petitioner. Mr. Prakash Naik with Ganesh Bhujbal, advocate for Respondent Nos. 2 and 3. Mr. S.P.Wakode, advocate for Respondent No.4. Mr. K.V.Saste, APP for State. Mr. A.P.Mundergi with M.S. Mohite & Subodh Desai for intervener. CORAM:- A.M.KHANWILKAR AND A.P. BHANGALE, JJ. DATED:- DECEMBER 1, 2010. P.C. 1. We have heard Counsel for the Petitioner for some time. In our view without expressing any opinion on the merits of the contentions, considering the fact situation of the present case, it would be appropriate to relegate the Petitioner before the Magistrate by way of private complaint. If that remedy is 2 wp1797.10 resorted to by the Petitioner, we have no hesitation in observing that the concerned court will consider the matter on its own merits in accordance with law including regarding issuing direction under section 156(3) of the Code, it the situation so warranted. In other words, we are not expressing any opinion on the merits of the contention. At the same time, we hope and trust that the concerned Magistrate will examine the grievance of the Petitioner on its own merits in accordance with law uninfluenced by the fact that the police officials have filed C-summary report in the complaint filed by the Petitioner's wife or for that matter any opinion or observation made by the police official at different levels during the pre-investigation stage. We also place on record that the C- summary report already filed in respect of the complaint filed by the Petitioner’s wife, challenge thereto by the wife of the Petitioner will have to be considered on its own merits, on all issues that may arise in the said proceeding, which is pending before that court. 2. In view of this, Petitioner seeks liberty to withdraw this Petition with leave to take recourse to appropriate remedy, as may be advised. 3. Petition is allowed to be withdrawn with liberty, as prayed. 3 wp1797.10 4. In view of the order passed above, companion Criminal Applications for intervention is disposed of. (A.P.BHANGALE, J.) (A.M.KHANWILKAR, J.)