1 IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL WRIT PETITION NO. 3 OF 2009 AND CRIMINAL MISCELLANEOUS APPLICATION NO. 49 OF 2009 WITH CRIMINAL MISCELLANEOUS APPLICATION(BAIL) NO.32 OF 2009 CRIMINAL WRIT PETITIOPN NO. 3 OF 2009 Shree Devi Mahalaxmi Devasthan through Attorney/Secretary and 6 others. ... Petitioners versus The State of Goa through Police Inspector, Mapusa Police Station and another. ... Respondents Shri S. M. Walawaikar, Advocate for the Petitioners. Shri C. A. Ferreira, Public Prosecutor for the Respondents. CRIMINAL MISCELLANEOUS APPLICATION NO. 49 OF 2009 Shree Devi Mahalaxmi Devasthan, represented by its Attorney/Secretary Shri Devendra V. Karapurkar, Sirsaim Tivim Bardez, Goa and others. ... Petitioners versus The State of Goa and another. ... Respondents 2 Shri S. M. Walawaikar, Advocate for the Applicant. Shri C. A. Ferreira, Public Prosecutor for the Respondents. CRIMINAL MISCELLANEOUS APPLICATION(BAIL) NO. 32 OF 2009 Shri Devendra Vasudev Karapurkar, Of major age, businessman, r/o H.No.257/1, Sirsaim Tivim, Bardez, Goa and others. ... Applicants versus The State of Goa, through the Police Inspector, Mapusa Police Station, Mapusa, Bardez, Goa. ... Respondents Shri S. M. Walawaikar, Advocate for the Applicants. Shri C. A. Ferreira, Public Prosecutor for the Respondent. CORAM : N. A. BRITTO, J. DATE : 16TH FEBRUARY, 2009. P.C.:- Heard Shri S. M. Walawaikar, learned Counsel on behalf of the Petitioners and Shri C. A. Ferreira, learned Public Prosecutor on behalf of the Respondents. 3 Criminal Revision Application No.3/2009 was filed by the Petitioners which includes the Committee of Shree Devi Mahalaxmi Devasthan under Articles 226 and 227 of the Constitution of India, and, by Order dated 28-1-2009 the Petitioners were permitted to convert the petition into a petition under Section 482 of the Code of Criminal Procedure, 1973 in order to quash two F.I.Rs namely Crime Nos. 15 of 2009 and 255 of 2008. The first is registered under Sections 143, 147, 447, 448, 427, 380, 341 r/w 149 I.P.C. and the second under Sections 341, 447, 448, 427, 380 r/w 34 I.P.C. Now the Petitioners are seeking amendment of the said petition. Considering the facts and circumstances of these cases, it is desirable that the Petitioners withdraw these petitions, to quash the said F.I.Rs registered under Crime Nos. 255 of 2008 and 15 of 2009 of Mapusa Police Station. Leave to withdraw is granted with liberty to file fresh petitions under Section 482 of the Code of Criminal Procedure, 1973, if permissible in law, to quash the investigations being conducted pursuant to the said Crime Numbers. As regards the first crime it appears that some of the Petitioners had moved the Court of Sessions for anticipatory bail but were refused the same. Subsequently, the said Petitioners approached this Court and this Court was pleased to grant the said Petitioners anticipatory bail. In case the Petitioners had moved the Court of Sessions for grant of anticipatory bail as regards the first F.I.R. I do not see any reason why the Petitioners have approached this Court 4 directly, by bypassing the Court of Sessions. Leave to the Petitioners to approach the Court of Sessions for grant of anticipatory bail in the second crime. In the light of the above observations the petitions are disposed of as withdrawn, with liberty as aforesaid. It is made clear that until the applications for anticipatory bail are filed by the Petitioners or for a period of ten days whichever is earlier, the Petitioners may not be arrested in connection with the second F.I.R. Authenticated copy of the order be given to the learned Counsel for the Applicants. N. A. BRITTO, J. RD 5