1 criwp-814.11 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.814 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and the Registrar's orders. Court's or Judge's orders Coram: A. H. Joshi and A. R. Joshi, JJ. Date : 3rd October 2011 Shri V.D. Gunale, Advocate, for petitioners. Shri N.B. Patil, A.P.P. for Respondent No. 1. Shri H.V. Patil, Adv. for Respondent No. 2. ---------- 1. Heard. 2. The F.I.R. is challenged on the following grounds :- (i) Impugned FIR is a counter-blast to earlier FIR lodged by the applicant. (ii) Injuries caused to the victim, which are reflected in medical certificate at paperbook page 34, are simple in nature. (iii) By any interpretation, Section 307 of IPC is not attracted. 3. The petitioners want that this court should accept that the material collected by the Investigating Officer till now, is not adequate to disclose commission of offence under Section 307 of IPC, and, therefore, inclusion of Section 307 of IPC be quashed. 2 criwp-814.11 4. Upon considering the representations made before us, we deem it to be too premature, at this stage, to interfere in the matter. Therefore, we are of the view that this petition does not deserve any indulgence and deserves to be dismissed. 5. At this stage, learned Advocate for the petitioner seeks liberty to withdraw the petition with liberty to avail the remedy as may be available in law. 6. Hence, petition is disposed of as withdrawn with liberty as prayed. The withdrawal shall not take away the right of the petitioners to take recourse in accordance with law. (A.R.Joshi, J.) (A.H. Joshi, J.) pnd/criwp-814.11