1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 455 OF 2003 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 WRIT PETITION NO.: 455 OF 2003 *** Pramod Chandra Srivastava Versus Ashok Gopalkishan Bagadia and others *** Mr. A. B. Girase, Advocate for the Petitioner. Mr. S. D. Kaldate, A.P.P. for the Respondent/ State. *** 1. By the present writ petition the petitioner/ original complainant has approached this Court for the reliefs to quash and set aside the judgment and order dated 9th of December, 1996 in S.C.C. No.789 of 1993 passed by 2nd J.M.F.C. Court at Aurangabad and prayed that the matter may be remitted back to the trial Court for fresh hearing. The petitioner is aggrieved by the said order as the learned 2nd J.M.F.C. Court at Aurangabad by virtue of the judgment and order passed in S.C.C. No.789 of 1993 vide 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 455 OF 2003 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. judgment and order dated 9th of December, 1996 acquitted the Respondents who were arrayed as accused in the said Criminal case. From perusal of the contents raised in the writ petition, it appears that the petitioner was under bonafide belief that the State may prefer an appeal challenging the order of acquittal but, in fact, the State has not preferred any appeal. Criminal Procedure Code has provided a remedy to the aggrieved original complainant in case the State has not preferred an appeal against acquitted, to prefer criminal revision. In the light of this, learned counsel for the Petitioner seeks leave to withdraw the present writ petition with liberty to avail the remedy available in law to prefer criminal revision or criminal appeal as the statute permit. In view of this, leave granted. 2. Criminal Writ petition is dismissed as 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 455 OF 2003 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 CORAM: A. V. POTDAR, J. withdrawn with the aforesaid liberty. Writ petition stands disposed of accordingly. [A. V. POTDAR, J.] Dated:20/09/2011. ans/455