1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 1936 OF 2009 Abdul Wahid Abdullah Mapkar .. Petitioner. V/s. The State of Maharashtra .. Respondent. --- Mr. D.S. Mhaispurkar i/by H. Ghadigaonkar & Sandesh More for the Petitioner. Dr. F.R. Shaikh, APP for the Respondent -State. ----- CORAM : J. N. PATEL AND A. A. SAYED, JJ. DATED : 05TH DECEMBER, 2009 P.C. : The learned counsel for the petitioner submits that in view of the fact that the chargesheet in the case has already been filed before the Magistrate having jurisdiction over the matter, the petitioner may be permitted to withdraw the petition with liberty to apply for discharge. We permit the petitioner to withdraw the petition with liberty in case the petitioner files an application under sections 238, 239 and 240 of the Cr.P.C. before the learned Metropolitan Magistrate in whose court the chargesheet is filed. The learned Magistrate would dispose of the application, if filed, 2 in accordance with law. Petition is dismissed as withdrawn. (J.N. Patel,J.) (A.A. Sayed,J.) .....