1 IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL WRIT PETITION NO. 7 OF 2008 Shri Damodar S. Prabhu .... Petitioner. Versus Balkrishna R. Naik and Anr. ..... Respondents. Mr. A. D. Bhobe, Advocate for the Petitioner. Mr. C. A. Ferreira, Public Prosecutor for the respondent No.2. Coram :- SWATANTER KUMAR,C.J.& A. P. LAVANDE,J. Date : - 21 st November, 2008 . P.C. : 1. Vide order dated 7th February, 2008, the learned Single Judge of this Court expressed certain reservations about the enunciation of law in the case of Ahuja Nandkishore Dongre Versus State of Maharashtra and anr. reported on 2006(6) AIR Bombay R 201, whereupon the matter has been placed before this Bench. We are of the considered opinion that in order to examine the correctness of the legal principles of the present case, it will be appropriate and ends of justice will require that the notice should also be issued to the complainant. 2. At this stage, the learned Counsel appearing for the 2 accused submits that the complaint case, out of which this criminal writ petition No.7 of 2008 arises, has already been withdrawn and vide order dated 04.03.2008, the matter stands disposed of and the accused has been discharged. Resultantly, this reference has been rendered academic and we do not propose to deal with this academic question. We keep the question of law and order of reference open and dispose of the said petition without any order as to costs. CHIEF JUSTICE JUDGE SMA