: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1615 OF 2009 Kuttain Arunachaiam David .. Petitioner v/s. Sayyed Afroz Ali & Ors. .. Respondents ........ Mr. V.P. Patil for petitioner. Smt. V.R. Bhosale, APP for State. ........ CORAM : B.H. MARLAPALLE & R.Y.GANOO, JJ. Dated : 19th December, 2009. P.C. : 1. Heard Mr. Patil, the learned Counsel for the petitioner. Mrs. Bhosale appears for the State of Maharashtra. 2. We have perused the affidavit filed by Shri Raghunath K. Jadhav, Assistant Police Inspector attached to the Kasturba Marg Police Station, Borivali (E), Mumbai. As per the said affidavit, the entire amount of consideration received from the builder / developer has been encashed and received by respondent No.3 who is the son of the petitioner. : 2 : 3. Mr. Patil, therefore, on instructions seeks leave to withdraw the petition so as to approach the Court of Metropolitan Magistrate with a private complaint. 4. Leave granted. Petition is disposed as withdrawn with liberty as is available in law. [R.Y.GANOO, J.] [B.H. MARLAPALLE, J.]