1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1439/2008 WITH CRIMINAL APPLICATION NO.264/2008 Ashok Kumar Purwar Petitioner/Applicant Vs. Union of India & Ors. Respondents Mr.Ravi Gurnani for the applicant /petitioner Mr.R.D.Raghuvanshi,A.S.G.,a/w Rutuja Ambekar and Mr.D.N.Salvi advocate for respondent nos.1 & 2 Mrs.A.S.Pai,APP for State CORAM: S.B.Mhase , & R.V.More ,J.J. DATED : November,11th ,2008. P.C. Heard learned counsel . The petition has been already withdrawn on 22nd August,2008 with liberty to take appropriate steps before the Trial Court for redressal of the grievance . It appears that the petitioner was not satisfied with the statement made by the learned counsel for the petitioner and after the disposal of the petition he has further moved the petition . Basically when the counsel withdraws the petition ,it is assumed that he has withdrawn it at the instructions of the parties and if the parties are aggrieved by the conduct of the advocate in withdrawing the petition the parties may follow appropriate remedy available for the damage sustained by them. 2 2] Apart from that the grievance in the present matter is that the evidence which has been collected by the investigating agency is illegally collected viz. phone tapping is carried out against the provisions of law. We need not scrutinize this aspect at this stage in this petition ,because by the order dated 30.8.2008 this Court has directed the Special Judge to proceed on day to day basis in recording the evidence and today we are reported that the recording of the evidence is completed and only statement u/s 313 of Cr.P.C. is to be completed and arguments of the parties to be heard and judgment to be delivered . Point which is raised can be considered by the Special Judge while delivering the judgment . 3] We have not made any observation on merit of the matter. The learned Special Judge should consider the matter on his own after the submissions are made and considering the evidence. 4] Under these circumstances we refrain ourselves to entertain the application and writ petition . Both are disposed of accordingly. (R.V.More,J.) (S.B.Mhase, J.)