-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 928 OF 2007 CRIMINAL WRIT PETITION NO. 928 OF 2007 CRIMINAL WRIT PETITION NO. 928 OF 2007 Dr. Shalini Suralkar & Ors. .. Petitioners. V/s. The State of Maharashtra .. Respondents. ... Mr.G.V.D’Lima i/by M/s. D’Lima & Associates for the Petitioners. Smt.S.D.Shinde, APP for the Respondent No.1 -State. Mr.E.A.Sasi with V.V.Purwant for the Respondent No.2. --- WITH WITH WITH CRI. WRIT PETITION NO. 2282 OF 2007 CRI. WRIT PETITION NO. 2282 OF 2007 CRI. WRIT PETITION NO. 2282 OF 2007 Dr. Alankar Khanvilkar .. Petitioner. V/s. The State of Maharashtra & Ors. .. Respondents ... Mr. E.A.Sasi with V.V. Purwant for the Petitioner. Smt. S.D. Shinde, APP for the Respondent State. --- WITH WITH WITH CRIMINAL APPLICATION NO. 48 OF 2008 CRIMINAL APPLICATION NO. 48 OF 2008 CRIMINAL APPLICATION NO. 48 OF 2008 IN IN IN CRI. WRIT PETITION NO.2282/2007 CRI. WRIT PETITION NO.2282/2007 CRI. WRIT PETITION NO.2282/2007 Dr.Shalini Suralkar & Ors. .. Petitioners. (Org.Interveners) V/s. 1. Dr. Alankar Khanvilkar & Ors. .. Respondents. (R.1-Org.Petitioner) ... Mr.G.V.D’Lima i/by M/s. D’Lima & Associates for the -: 2 :- Petitioners. Mr.E.A.Sasi with V.V.Purwant for the Respondent No.1. Mrs. S.D.Shinde, APP for the Respondent No.2 State. ----- CORAM : R.M.S.KHANDEPARKAR & CORAM : R.M.S.KHANDEPARKAR & CORAM : R.M.S.KHANDEPARKAR & A. A. SAYED, JJ. A. A. SAYED, JJ. A. A. SAYED, JJ. DATED : 25TH FEBRUARY, 2008. DATED : 25TH FEBRUARY, 2008. DATED : 25TH FEBRUARY, 2008. P.C. : P.C. : P.C. :- . Heard. 2. In the course of hearing of the matters, the learned APP, on taking instructions from the Investigating Officer, who is present in the Court, stated that the investigation which had commenced pursuant to the FIR No. 163 of 2007 lodged on 18th of April, 2007 at Powai Police Station, Mumbai, has been completed and the investigating agency has decided to file a charge-sheet against the petitioners Nos. 2 and 4 in writ petition No. 928/2007. She has also brought to our notice the fact that the investigation was carried out pursuant to the medical opinion obtained from the Committee of Panel of Doctors from J.J.Hospital, Mumbai, in accordance with the requirement of law as laid down by the Apex Court in the case of Jacob Mathew vs. State of Punjab reported Jacob Mathew vs. State of Punjab reported Jacob Mathew vs. State of Punjab reported in AIR 2005 n AIR 2005 n AIR 2005 SC 3180. SC 3180. SC 3180. We accept the said statement made on behalf of -: 3 :- the Respondent- State. On acceptance of the above statement, the learned Advocate for the petitioners in Writ Petition No. 928 of 2007 seeks leave to withdraw the petition, reserving the right of the petitioners to raise objections to the framing of charge against the petitioners Nos. 2 and 4 in the said petitions. Considering the statement of the learned APP on behalf of the State about filing of the charge-sheet, as it is proposed to be filed by the investigating agency and also liberty to the petitioners to approach this court in case need arises in the matter, we allow the Petitioners in Writ Petition No. 928 of 2007 to withdraw the petition with the said liberty. 3. On acceptance of the said statement made by the learned APP and on withdrawal of the writ petition No.928/ 2007, the learned Advocate appearing for the Petitioners in Writ Petition No. 2282 of 2007 craves leave to withdraw the said petition with liberty of reserving the right to move an application under section 173 (8) of Cr.P.C. as and when occasion arise as also to approach this court in case need arise in the matter. We, accordingly, allow the petitioners to withdraw the said petition No. 2282/ 2007 with the aforesaid liberty. -: 4 :- 4. In view of the withdrawal of the writ petition No. 2282/2007, the Criminal Application No. 48 of 2008 does not survive and the same stands disposed of accordingly. 5. We make it clear that we have not expressed any opinion on any of the issue raised in either of the matter and all the issues are kept open. 6. The writ petitions and the Cri.Application No.48/ 2008 as well stand disposed of. (R.M.S.KHANDEPARKAR,) (A. A. SAYED, J.) .....