-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL CONTEMPT PETITION NO.2 OF 2008 In CRIMINAL WRIT PETITION NO.8 OF 2008 Mr.N.Devadasan S/o. Neelkantan : Petitioner V/s. The State of Maharashtra & Ors. : Respondents ... Mr.Rakesh D. Dave for the petitioner. Mrs.A.S.Pai, Addl. Public Prosecutor for the State. ... CORAM : BILAL NAZKI & S.A.BOBDE,JJ. DATE : MARCH 10, 2008. P.C. 1. This petition seeks contempt proceedings against the respondents on the ground that they withdrew the Writ Petition, being Criminal Writ Petition no.8 of 2008, as a statement was made by the respondents which later on turned out to be false. The petitioner was aggrieved that a matter was investigated from March 2005, but the investigation was not being completed. In that Writ Petition, on 18.1.2008, a statement was made by the learned Public Prosecutor that the investigation had been completed and ‘C’ form summary had been filed before the Magistrate. On this statement having been made, the petitioner withdrew the petition, but on 18.1.2008, no ‘C’ -: 2 :- summary had been filed before the Court below. Now an affidavit has been filed by the respondents wherein it is stated that it was a case of lack of communication between the police officers and the Public Prosecutor. It is submitted that on 12.1.2008 a letter was sent to the petitioner that a summary had been filed, but because of some mistake in making that communication, the officer who made the submission in this Court that ‘C’ summary had been filed was under the genuine belief that it had been filed as a letter had been written to the petitioner as well. Though we feel that the respondents should have been more responsible while making the statement before this Court and should have ensured that wrong statement was not made before this Court which resulted in dismissal of the Writ Petition, we feel that this has not been wilfully and deliberately done to get the case dismissed by this Court. In any case, the petitioner is not prejudiced by the dismissal of the Writ Petition on account of his withdrawal as by now ‘C’ summary has been filed before the appropriate Magistrate. If the petitioner is aggrieved, he is at liberty to avail of remedies that may be available to him. 2. The Contempt Petition stands disposed of. (BILAL NAZKI, J.) -: 3 :- (S.A. BOBDE, J.)