IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1865 OF 2004 Shabbir N. Patel …Applicant. Vs. M/s Sky Anchorage Co.op. Hsg.Scy.Ltd. & Anr.. …Respondents. ----- Mr.A.P. Mundargi, Senior Advocate with Mr.Vineet Naik, with Mr.S.V. Doijode, Mr. P.A. Kabadi and Mr. K.G. Mhatre i/b M/s Doijode Associates, for the Applicant. Mr. Prakash Naik for Respondent no.1. Mr. Y.M. Nakhwa, APP for the State. ---- CORAM: A.S. OKA, J. DATE: 9TH JULY, 2009 P.C.: 1. The learned senior counsel for the applicant seeks permission to withdraw this application. He pointed out the observations made by the Sessions Court while deciding the revision application filed by the applicant. He submitted that the observations/findings in the order passed by the Sessions Court may influence the learned trial Judge when the complaint is heard and decided finally. 2. Application is dismissed as withdrawn. It is obvious that the observations made by the learned Sessions Judge while deciding the revision application preferred by the applicant have been made for a limited purpose of considering the prayer made by the applicant for : 2 : quashing the order of issue of process. Therefore, all contentions which are raised by the applicant in this application on merits of complaint will naturally remain open at the time of trial. The trial court is bound to decide the complaint without being influnced by the observations made by the Sessions Court in the impugned Judgment and order. JUDGE