1 wp2412.11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.2412 OF 2011 KJ Sanjraj Harishchandra Mangeshkar )..Petitioner Versus The State of Maharashtra )..Respondent ---- Mr.Vijay Pradhan Senior Counsel along with Omkar Khaiyyam Shaikh for the petitioner. Mrs.A.S.Pai APP for the Respondent/State. ---- CORAM : A.M.KHANWILKAR & P.D.KODE,JJ DATE : 25.8.2011 PC 1 Heard learned Counsel for the petitioner as well as learned APP for the State. 2 By this petition, the order dated 6.8.2011 passed by the Special Judge is assailed. In the said order, the special Judge has observed that the charge-sheet which was presented before him was in respect of offences simplicitor under Indian Penal Code and 2 wp2412.11.sxw Maharashtra Co-operative Societies Act and not under the provisions of Prevention of Corruption Act, 1988. He therefore, opined that it was not possible for him to take cognizance of the case or for that matter entertain the application of the Investigating officer for permission to continue with further investigation under Section 173 sub-section (8) of Cr.P.C. The said order was considered by this Court on 8.8.2011 while disposing of two criminal writ petitions viz. Writ Petition No.1089 of 2011 and Writ Petition No.1611 of 2011. Notably, the latter criminal Writ petition was filed by the petitioner himself. The grievance which is now made in the present petition could have been conveniently made by the petitioner in the said proceedings. However, no such grievance was made in the said proceeding. It is too late for the petitioner now to agitate the said question in the present petition. 3 At this stage, learned Senior Counsel for the petitioner submits that the Court would not record any further opinion but allow the petitioner to withdraw the petition with liberty to pursue other appropriate remedy as may be permissible in law. Learned 3 wp2412.11.sxw APP has no objection if the petitioner wants to withdraw the present petition with liberty as aforesaid. Hence, petition is allowed to be withdrawn with liberty as prayed for. (P.D.KODE,J) (A.M.KHANWILKAR,J)