1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL WRIT PETITION NO.2611 OF 2008 Sudhakar Sidram Shewale : Petitioner V/s. State of Maharashtra : Respondent .... Mr.S.M. Mirajkar for the petitioner. Mrs.P.P. Bhosale, Addl. Public Prosecutor for the State. .... CORAM : S.A. BOBDE, J. DATE : SEPTEMBER 24, 2009. P.C.: 1. The petitioner has challenged the order under section 321 of the Cr.P.C. rejecting his request for directing the prosecution to withdraw the prosecution against him. 2. The petitioner is an accused who is being prosecuted under section 409 of the Indian penal Code in respect of mis-appropriation of a sum. According to the petitioner, the amount was not misappropriated and was, in fact, duly credited one month prior to the notice of misappropriation. He, therefore, applied the trial Court for directing the respondent-prosecution to withdraw the prosecution against him. The 2 trial Court has rightly rejected the application on the ground that it is the prerogative of the prosecution alone to apply for withdrawal of the prosecution. 3. There is no merit in the petition which is hereby dismissed. The petitioner shall, however, be at liberty to take appropriate steps, in accordance with law. S.A. BOBDE, J.