1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Criminal Application No.470/2009 (Avinash Wamanrao Admane and three others .vrs. 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 Mr. S.G. Joshi, Advocate for applicants, Mrs. A.R. Taiwade, APP for non-applicant no.1. .......... CORAM : P.D. KODE, J. DATED : JULY 7, 2009 Heard. The applicants, who are chargesheeted by Ajni Police Station for commission of offence under Section 498 r/w 34 of Indian penal Code in connection with Crime No.45/2008 registered with said police station upon complaint lodged by wife of applicant no.1, have prayed for quashing said proceeding with other consequential reliefs in present application preferred under Section 482 of Code of Criminal Procedure. At the time of hearing of this application while considering submission of learned counsel for applicants by pointing matters stated in FIR and chargesheet and said apparently not disclosing an case for directly approaching this court under Section 482 of the Code of 2 Criminal Procedure, query made by learned counsel for applicants whether applicants had filed application for discharge before lower court and in event of such being not filed, justifying directly approaching this court under section 482 of Code of Criminal Procedure in facts and circumstances, as discussed from chargesheet. Thereon learned counsel for applicants has sought permission to withdraw this petition with liberty to approach lower court for making an application for discharge and direction to lower court to decide the same as expeditiously as possible. The said request is not objected by learned APP. In view of aforesaid, and withdrawal being the choice of party and same being sought before court considering the merit of the matter in entirety, the permission as sought with liberty as prayed deserves to be granted. Hence, this petition is marked as disposed of as withdrawn with liberty to applicant to make an application for discharge before lower court. In event of applicants making such application, trial court shall decide the same in accordance with law, as expeditiously as possible and preferably within a period of six months from the date of this order and uninfluenced by the facts of applicants being permitted to withdraw this proceeding before this Court, CA stands disposed of. JUDGE Gulande