1` IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Writ Petition No. 349/2011 Sakharam Dajiba Doiphode vs. State of Maharashtra, Through P.S.Deoulgaon Raja. ----------------------------------------------------------------------------------- Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. Mr. Jaltare, Advocate for the petitioner. Mr. N.S.Khubalkar, APP for respondent. CORAM : P.V.HARDAS & S.B.DESHMUKH,JJ DATE : 17.08.2011 The learned counsel for the petitioner states, on instructions, that the petitioner may be permitted to withdraw this petition as the petitioner intends to urge before the learned Magistrate in respect of the registration of the offence under section 302 of the Indian Penal Code on the basis of the investigation carried out by the police. Since the application under section 156(3) of the Code of Criminal Procedure is pending before the learned Magistrate and the learned Magistrate is also seized with the offence, we grant liberty prayed for to the petitioner. Even otherwise, it would be open to the petitioner to urge the Court at the time of framing charge to frame a charge under section 302 IPC if there is sufficient material on record in that 2` behalf. Writ Petition is, accordingly, dismissed with liberty as prayed for. JUDGE JUDGE patle