1 3382.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3382 OF 2010 Raymond Dara Balsara ...Petitioner Versus State of Maharashtra & Ors. ...Respondents ...... Mr.A.Y.Sakhare with Mr.A.Z.Mukhtiar for Petitioner. Mr.K.V.Saste, A.P.P. for State. ...... CORAM:- A.M.KHANWILKAR AND A.P.BHANGALE, JJ. DATED:- NOVEMBER 25, 2010. P.C. 1. Considering the fact that only yesterday, the Sessions Court while considering the anticipatory bail application of the Petitioner, had occasion to observe that the Investigating Officer ought to consider the allegation made by the Petitioner against the complainant and proceed in accordance with law. Counsel for the Petitioner on instructions states that the Petitioner would withdraw this Petition with liberty to take out appropriate proceedings as may be necessary as and when occasion arises. Counsel for the original complainant, however, submits that he is not aware of any such observation made by the Sessions Court since he was personally not present in that Court yesterday. 2 3382.10.sxw 2. Without going into this aspect of the matter, leaving all questions pressed by the Petitioner in this Petition open, Petition is allowed to be withdrawn with liberty as prayed for. Even otherwise, it is appropriate that the question as to whether the allegations made by the Petitioner can be proceeded only before the Economic Offences Wing should be left to the discretion of the Investigating Officer and if he is satisfied in that behalf, he is expected to take such measures as may be necessary on that basis. 3. Accordingly, Petition allowed to be withdrawn with liberty as prayed. (A.P.BHANGALE, J.) (A.M.KHANWILKAR, J.)