IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 3799/2007 Abu Asim Azmi Haji Niyaz Azmi vs. State of Maharashtra -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. CORAM : S.R.DONGAONKAR, J DATED : 4 th APRIL, 2008. Heard Shri M.P.Khajanchi, Advocate, for the applicant and Shri Kothari, A.P.P. for respondent State. This application was filed by the applicant under Section 482 of Cr.P.C., with a prayer to quash and set aside the communication dated 27.11.2007 issued by Commissioner, Amravati. Later on, the applicant claimed to withdraw the application. When the permission to withdraw the application was sought, learned A.P.P. proposed desired to conduct proceedings against the applicant for making incorrect statement in the application. The respondent was directed to file application to that effect. Accordingly that application bearing Criminal Application No. 618/2008 was filed. Later on, applicant tendered unconditional apology and also mentioned that due to lack of of appropriate communication, some inadvertent statement was made. The respondent thereafter on 28.3.2008 expressed that the respondent does not press the said application for taking action against the applicant under Section 193 of IPC. The respondent was directed to file pursis. Accordingly, pursis is filed before the court. However, in the pursis, it is mentioned that the matter is left to the discretion of the Court. Considering the totality of the circumstances, as it appears that no interim relief was granted to the applicant on the strength of the incorrect statement, and as it appears that respondent is not keen enough to press the application, it would be in the interest of justice to drop the action, if any, proposed against the applicant. Hence, Criminal Application No.3799/07 is allowed to be withdrawn and Criminal Application No. 618/08 is disposed of. JUDGE Rvj.