1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3056 OF 2009 Ashok S.Pawar .. Petitioner. Vs. 1.State of Maharashtra .. 2.Sanjay Mishrimal Punamiya .. Respondents. Mr.Nitin Pradhan i/b Ms.Racheeta Dhuru for the petitioner. Mr.S.D.Shinde A.P.P. for the State. Dr.Yug Mohit Chaudhary i/b Ajay Basutkar for respondent no.2. Petitioner in person present. Mr.Rane, police Naik, Bhayander police station present. CORAM : D.B.BHOSALE & A.R.JOSHI, JJ. DATED : 15TH MARCH, 2010 P.C. 1. Heard learned counsel for the petitioner and respondent no.2 and learned A.P.P. for the State. 2. Mr.Pradhan, learned counsel for the petitioner, on instructions from the petitioner, who is present in the court, prays for withdrawal of this writ petition and seeks direction to the Investigating Officer to issue 72 hours notice to the petitioner, if they propose to arrest him in connection with C.R.No.16 of 2009 registered at Bhayander police station in pursuance of the order dated 9.11.2009 passed by the learned Magistrate, Thane, in criminal case I.A. No.1180 of 2009. Learned A.P.P., on instructions from Mr.Rane, Police Naik, who is 2 present in the court submits that if the investigating officer proposes to arrest the petitioner in connection with the aforesaid crime he shall give him 72 hours notice. She further submits that the petitioner may be directed to co-operate with the investigation. Mr.Chaudhary, learned counsel for the complainant also submits that he has no objection for granting liberty as prayed. In the circumstances we dispose of the writ petition by the following order: (i) The writ petition is disposed of with direction to the investigating officer to issue 72 hours notice to the petitioner if they propose to arrest him in connection with the aforementioned crime. (ii) The petitioner shall co-operate with the investigation. (iii) All contentions of the parties are kept open. It is open to the petitioner to file appropriate proceedings for quashing, if and when the charge-sheet is filed by the investigating officer in the aforementioned crime. With these observations the writ petition is disposed of. (A.R.JOSHI,J.) (D.B.BHOSALE,J.)