drp {1} CWP No.1092/2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.1092 OF 2010 Rameshchandra Sagar & Others PETITIONERS VERSUS The State of Maharashtra RESPONDENT ....... Mr.R.N.Dhorde h/f Mr.S.V.Natu, Advocate for the petitioners Mr.G.R.Ingole, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 29 th April 2011 PER COURT: 1. By this petition, under section 482 of the Criminal Procedure Code, the petitioners have prayed to quash and set aside the FIR in Crime No.55/2010 dated 12.08.2010, qua the petitioners. 2. It appears that in response to the notice, the respondent State appeared and has also filed a detailed affidavit in reply along with relevant documents. At internal page No.9 of the drp {2} CWP No.1092/2010 said reply it is stated that - “The present offence is against the public at large and is committed in very systematic and well planned manner after hatching a conspiracy, hence at this stage, there is no cause to quash the FIR against the petitioners. Further, it would not be in the interest of justice to stifle investigation at this premature stage. If nothing on record transpired against the petitioners, then the Investigating Officer will fairly submit appropriate steps under section 169 of the Cr.P.C. But at this stage, in the interest of justice, investigation is to be given fair opportunity to conduct thorough and complete investigation in the said crime.” 3. The statement made in the affidavit in reply, that if nothing incriminating is found against the petitioners, then the investigating officer would file appropriate report u/s 169 of the Criminal Procedure Code, is accepted as undertaking to the Court. 4. In this light of the matter, learned counsel for the petitioners seeks leave to withdraw the present petition with a request to direct the respondent to give at least 72 hours notice before the respondent intends to take any action against the petitioners. This request can be considered. 5. In the result, the petitioners are allowed to withdraw the petition and the same is disposed of accordingly with the direction to the respondent that if the respondent intend to take any action against the petitioners, the respondent shall give at drp {3} CWP No.1092/2010 least 72 hours notice to the petitioners to enable the petitioners to approach appropriate forum for appropriate remedy. Parties to act on the authenticated copy of this order. [A.V.POTDAR, J.] drp/A11/cwp1092-10