1 wp-80-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 80 OF 2011 Anilkumar Karsandas Makhecha & anr ...Petitioners Versus M/s Roma Builders Pvt Ltd & Anr ...Respondents ...... Shri Kishor S. Patil, Advocate for Petitioners. Mr K. V. Saste, A.P.P. for State. ...... CORAM:- A.M.KHANWILKAR AND A.R.JOSHI, JJ. DATED:- 20th JANUARY, 2011. P.C. 1. Relief claimed in this petition is to issue direction under Section 156 (3) of Cr.P.C. for investigation of the case by the local police. At the same time, the petitioner has approached the Criminal Court by filing a private complaint. The Magistrate has merely issued process vide order dated 9.3.2009. Counsel for the Petitioner submits that the petitioner may be permitted to withdraw this petition with liberty to move the Magistrate praying for specific direction against the local police under Section 156(3) of the Code. 2 wp-80-11 2. In the circumstances, petition is allowed to be withdrawn with liberty to the petitioner to pursue remedy before the Magistrate which, however, will have to be decided on its own merits in accordance with law. The fact that the petitioner has been given liberty to move the Magistrate for seeking such specific direction is not an expression of opinion either way on the merits of the said request. (A.R.JOSHI, J.) (A.M.KHANWILKAR, J.)