- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION No. 709 OF 2007 Nasir Qureshi & Ors. Petitioners Vs. The State of Maharashtra Respondents & Ors. Mr. A. P. Mundargi, Sr. Advocate i/b Mr. Ayaz Khan & Ms. Nilofar Sayyed, Advocate for the petitioners. Mr. V. B. Konde-Deshmukh, APP for the respondent No.1. Mr. Rishi Bhuta, Advocate for the respondent No.2. CORAM : SRI R.M.S. KHANDEPARKAR,& SRI. A.A. SAYED, JJ. DATE : JANUARY 31, 2008. PC . The learned APP states that the police have already concluded the investigation and have submitted "B" summary report to the learned Magistrate. The learned advocate for the respondent No.2 states that the Magistrate should hear the respondent No.2 before passing any order on "B" summary report. 2. The learned senior counsel for the petitioner states that in view of the statement made by the learned APP about filing - 2 - of "B" summary report, the petitioners crave leave to withdraw the petition with liberty to file afresh, in case need arises in the matter. 3. As regards the contention of the respondent No.2, needless to say that law in that regard law is well settled and the complainant is entitled to be heard before disposal of the "B" summary report, filed by the police. 4. While accepting the statement on behalf of the respondent State that the investigation is complete and since "B" summary report has been filed, the petition is allowed to be withdrawn and is disposed of as withdrawn. 5. The learned advocate for the respondent No.2 undertakes to file Vakalatnama within one day. Sd/- [ R.M.S. KHANDEPARKAR, J.] R.M.S. KHANDEPARKAR, J.] R.M.S. KHANDEPARKAR, J.] Sd/- [ A. A. SAYED,J.] A. A. SAYED,J.] A. A. SAYED,J.]