1 Criminal Appl.1935 of 2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1935 OF 2010 Nizamoddin S/o.Din Mohammed and others APPLICANTS VERSUS State of Maharashtra and others RESPONDENTS Mr.V.M.Kagne, learned counsel for the applicant. Ms.Y.M.Kshirsagar, learned A.P.P. for respondent State Mr.S.J.Salunkhe h/f. Mr.A.S.Bayas, learned counsel for respondent no.2. (CORAM : A.V.POTDAR, J.) DATE : 29/08/2011 PER COURT : 1. Heard learned counsel for the parties. 2. By this application, the applicants have approached this Court for the relief to quash and set aside RCC No.481/2010 on the file of J.M.F.C. Aurangabad on the basis of FIR No.MKS-1/10. In this case, 'B' summary was filed by the Assistant Commission of Police, Chhawani Division of Aurangabad by his letter dated 02/06/2010, which is pending on the file of learned J.M.F.C. Learned counsel for applicants states that this report of 'B' summary is yet to be finalized 2 Criminal Appl.1935 of 2010 by the learned Lower Court, but the order on this application will give separate cause of action to either of the parties. He seeks leave of this Court to withdraw the application with liberty to move this Court afresh in case any adverse order would be passed on the application of 'B' summary filed by the Investigation agency. It is requested that the interim protection that no coercive action to be taken against the applicants be continued till finalization of the 'B' summary report before the Lower Court. 3. In view of this, leave granted to withdraw the application with the aforesaid liberty to move afresh in case any adverse order would be passed against the interest of applicants. Application stands dismissed as withdrawn with the aforesaid liberty. Interim relief is in force, to continue till final order would be passed on the ‘B’ summary report pending on the file of Lower Court. Application stands disposed of accordingly. Parties to act on the authenticated copy of this order. (A.V.POTDAR, J.) khs/AUG.2011/cri.appl.1935-10