1 8.wp.1941-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1941 OF 2010 Bhagwan Jaggu Gaikwad. ..Petitioner. Vs. Senior Inspector of Police Powai Police Station and others. ..Respondents. .......... Mr.Abhay Pande, Advocate for the Petitioner. Mr.K.V. Saste, A.P.P. for the State. .......... CORAM : A.M. KHANWILKAR AND A.R. JOSHI, JJ. DATED : 27th JANUARY, 2011. P.C. 1. Learned A.P.P. has invited our attention to the fact that the Petitioner had filed another Writ Petition being Criminal Writ Petition No.297 of 2009 in which amongst others, the relief claimed in the present Petition was also prayed. However, said Writ Petition was withdrawn unconditionally by the Petitioner and more so without taking liberty to file fresh Petition for the same or similar relief. 2. To reassure ourselves, we have verified the copy of earlier Writ Petition being Criminal Writ Petition No.297 of 2009. Prayer clause b(iii) of the said Writ Petition is similar to prayer clause (a) of the present Writ Petition. The fact that both the Petitions referred to the PPD 2 8.wp.1941-10 same incident is not in dispute. In the circumstances, this Petition is devoid of merit. Realizing this position, Counsel for the Petitioner submits that in that case the Petitioner be permitted to take recourse to remedy before the concerned Criminal Court by way of private complaint. Suffice it to observe that the earlier Writ Petition has been withdrawn, whereas present Writ Petition is being dismissed as successive Writ Petition for the same relief cannot be entertained. 3. We have not expressed any opinion on the merits of the case. The petitioner, if so advised, may take recourse to such remedy as may be permissible in law which may be proceeded on its own merits. 4. Petition is disposed of on above terms. (A. R. JOSHI, J.) (A. M. KHANWILKAR, J.)