1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. CRIMINAL APPLN. NO.: 2042 OF 2010 Office Notes, Office Memoranda of Coram, Court’s or Judge’s orders. appearances, Court’s orders or directions and Registrar’s orders. CORAM: A. V. POTDAR, J. CRIMINAL APPLICATION NO.: 2042 OF 2010 Madhukar Murlidhar Amrao and another Versus State of Maharashtra and another *** Mr. Shaikh Ashpak Taher Patel, Advocate for the Applicants. Mr. S. D. Kaldate, A.P.P. for the Respondent No.1. Mr. S. A. Ambad, Advocate for Respondent No. 2. *** 1. Learned A.P.P., tendered an affidavit in reply. Taken on record. Perusal of the affidavit in reply, today filed by learned A.P.P., contents of paragraph 5, shows that the investigating officer has made a categorical statement ".... The Investigation Officer feels that there is no crime, therefore, the Investigation Officer has submitted B-Summary report before the Ld. Trial Court. Hence, this affidavit." 2. In view of this statement in paragraph 5 of the affidavit in reply, filed by learned 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. CRIMINAL APPLN. NO.: 2042 OF 2010 Office Notes, Office Memoranda of Coram, Court’s or Judge’s orders. appearances, Court’s orders or directions and Registrar’s orders. CORAM: A. V. POTDAR, J. A.P.P., learned counsel for the Applicants seeks leave to withdraw this application with liberty to move afresh in case learned trial Court will not accept the report of B- Summary. 3. In view of this, application stands dismissed as withdrawn with aforesaid liberty. [A. V. POTDAR, J.] Dated:20/09/2011. ans/2042