1 wp-1438-10.sxw dgm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 1438 OF 2010 Kishor Dhakan .... Petitioner vs State of Maharashtra & ors. .... Respondents Mr. Sujay N. Kantawala for the petitioner. Mr. J. P. Yagnik, APP for the State. Mr. F.E. Saldanha, Special PP for DRI. CORAM: B.H. MARLAPALLE & ANOOP V. MOHTA, JJ. DATE : 27th July, 2010 P.C.: We have heard Mr.Kantawala, the learned counsel for the petitioner and Mr.Saldanha, learned PP appears for the DRI. 2 By our order dated 17/06/2010, we had directed the DRI to remove the “Look-out Notice” issued against the petitioner from its website by 5 p.m. on 04.07.2010, only on the ground that the petitioner had assured us through his learned Advocate that he would be appearing before the DRI for recording his statement on 05.07.2010 at 11 a.m. and he would be available even on the next day for completing the same if so required. 3 On 02.07.2010, it was pointed out that the petitioner was unable to appear before the DRI on 05.07.2010 on account of his ill-health and, therefore, we extended the date for his appearance from 05.07.2010 to 07.07.2010. 4 In the meanwhile, as per our order dated 17.06.2010 the DRI had removed 2 wp-1438-10.sxw the “Look-out notice” from its website. The petitioner did not appear before the DRI even on 07.07.2010 and on 22.07.2010 the DRI issued a fresh summons calling upon the petitioner to appear before it, so as to record his statement and pursuant to the assurance given to this Court. The petitioner by his letter dated 23.07.2010 has informed the DRI that he has been suffering from vertigo, breathlessness and gastric disturbances and, therefore, requested for a further extension of eight weeks. The medical certificate, issued by Dr. Soni Clinic and attached to the application dated 23.07.2010 submitted by the petitioner to the DRI, states that the petitioner has been complaining of vertigo, breathlessness and gastric disturbances for the last few months and he was referred to a Neurologist for further management. If the petitioner was suffering from the said ailments over the last few months, he should not have mis-represented before this Court by an assurance that he would appear on 5th and 6th July, 2010 for recording his statement before the DRI. The request made by the petitioner, in our opinion, does not appear to be genuine and reliable and he appears to have misled us to obtain the order of removal of “Look-out notice”. 5 Mr.Kantawala, the learned counsel for the petitioner seeks leave to withdraw the petition. 6 Leave granted and the petition is dismissed as withdrawn. Consequently, the DRI is at liberty to restore the “Look-out notice” issued against the petitioner. (ANOOP V. MOHTA, J.) ( B. H. MARLAPALLE, J.)