1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.2775 OF 2005 Rashmikant M.Shah ..Petitioner Vs. The State of Maharashtra and Anr. ..Respondents Ms.Usha Rahi i/b M/s.Mayur Narendra & Co. for the petitioner Mrs.U.V.Kejriwal, A.P.P. for the state CORAM : J.N.PATEL CORAM : J.N.PATEL CORAM : J.N.PATEL & SMT.ROSHAN S.DALVI, JJ. SMT.ROSHAN S.DALVI, JJ. SMT.ROSHAN S.DALVI, JJ. DATED : 4TH SEPTEMBER, 2006 DATED : 4TH SEPTEMBER, 2006 DATED : 4TH SEPTEMBER, 2006 P.C.: 1. Heard. 2. The petitioner does not want to prosecute the petition even otherwise. As per our direction to the learned A.P.P. on 28.8.06, the learned A.P.P. has sought instructions and informs this court that pursuant to the complaint lodged by the petitioner, police has filed charge sheet on 19.12.05 before the court of 45th Metropolitan Magistrate, Kurla which is registered as 1369/PW/05. It appears that the petitioner has not 2 been diligently following the petition and it was merely pending. Petitioner ought to have withdrawn the petition as soon as the charge sheet in the matter came to be filed. 3. Today the learned counsel for the petitioner submits that the petitioner may be permitted to withdraw the petition. We permit the petitioner to withdraw the petition with a caution that in future if the petitioner is not diligent, this court may impose compensatory cost in case of such petitioner and their advocates. Petition is permitted to be withdrawn with cost which is quantified at Rs.1000. The cost to be credited in the account of Maharashtra Legal Aid Services Authority within a period of 4 weeks. On failure of the petitioner and their advocates to deposit cost as directed by this court, cost may be recovered as fine by the Collector by resorting to the provisions of Maharashtra Land Revenue Code. ( SHRI J.N. PATEL, J ) ( SHRI J.N. PATEL, J ) ( SHRI J.N. PATEL, J ) 3 ( SMT.ROSHAN DALVI, J ) ( SMT.ROSHAN DALVI, J ) ( SMT.ROSHAN DALVI, J )