IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRD DAY OF DECEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 4062 of 2009 Between: Himagiri Cold Storage Pvt. Limited, represented by its Managing Director, Sri Narne Sambashiva Rao, S/o.Pullaiah D.No.86, Ankireddypalem, Nallapadu, Guntur, Guntur District. ..... PETITIONER AND 1 The Superintendent of Police, Guntur, Guntur District. 2 The Station House Officer, Taluq Police Station, Brodipet, Guntur, Guntur District. 3 The Station House Officer, Kothapet Police Station, Kothapet, Guntur, Guntur District. 4 Axis Bank Ltd., represented by its Branch Head & Asst. Vice President Sri Yadavalli Sarath Chandra, S/o. late Murali Mohan I Floor, P.R. Plaza, Naaz Centre, Guntur-I, Guntur, Guntur District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 1 to 3 in proposing to launch prosecution at the instance of the 4th respondent on the basis of the Commissioner's Report dt. 26.12.2008 in O.S.No.955 of 2008 on the file of the IV Additional Senior Civil Judge, Guntur during the subsistence of the orders in CRP.No.5971 of 2008 dt. 31.12.2008 as illegal, arbitrary and unconstitutional and consequently direct the respondents 1 to 3 not to take further steps to prosecute and apprehend the petitioner by interfering with the civil disputes in the interest of justice. Counsel for the Petitioner:MR.M.JANARDHAN RAO Counsel for the Respondent No.: GP FOR HOME The Court made the following : O R D E R:- This writ petition is filed seeking a mandamus to declare the action of respondents 1 to 3 in proposing to launch prosecution against the petitioner at the instance of the 4th respondent on the basis of the Commissioner’s Report dated 26.12.2008 in O.S. No. 955 of 2008 on the file of IV Additional Senior Civil Judge, Guntur, during the subsistence of the orders in C.R.P. No. 5971 of 2008, dated 31.12.2008, as arbitrary and illegal. When the matter is taken up for admission, the learned counsel for the petitioner submitted that subsequent to filing the writ petition, the relief sought for in this writ petition has been granted in the Criminal Court, as such, he seeks permission of this Court to withdraw the writ petition. Permission is accorded, and accordingly, this writ petition is dismissed as withdrawn. No costs. ______________ N.V.RAMANA, J 12th March, 2009 bcj