KBP 1 cr.wp.2659-11.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2659 OF 2011 Subray S. Hosmane and anr. ..Petitioners Vs The State of Maharashtra and anr. ..Respondents -- Mr.K.H.Giri, for petitioners. Mr.V.B.Konde-Deshmukh, APP for respondent no.1 State. Mr.Khilare, A.P.I., Juhu Police Station is present. -- CORAM : A.M.KHANWILKAR & R.G.KETKAR, JJ. DATE : 2 nd DECEMBER, 2011 P.C.: On the earlier occasion, we were informed by the learned APP that the investigation is complete and the Investigating Officer is in the process of submitting `B’ Summary report before the concerned Court. Today, were are informed by the learned APP that the proposal regarding `B’ Summary report is still pending at the level of the superior Officer and, as soon as that decision is taken by the KBP 2 cr.wp.2659-11.odt Superior Officer, appropriate report will be filed before the concerned Court. 2] In this view of the matter, we allow the petitioners to withdraw the petition with liberty to file fresh proceedings before the appropriate forum as and when occasion arises. We further clarify that the concerned Court will have to consider the police report to be filed before it on its own merits in accordance with law. We are not expressing any opinion on the merits of the case. [R.G.KETKAR, J.] [A.M.KHANWILKAR, J.]