1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.668 OF 2007 Mr.Surendra L.Gajbiye .. Petitioners Vs. Union of India & Ors. .. Respondents Mr.Kantilal Kanojia i/b Mr.Mukesh Subramaniam for the petitioners Mr.R.A.Rodrigues for respondent nos.1 Mr.D.G.Dhanure i/b M/s.M.V.Kini and Co. for respondent nos.3 Mr.Vishwabhushan Kamble i/b M/s.RMG Law for respondent nos.5 CORAM : J.N.PATEL CORAM : J.N.PATEL CORAM : J.N.PATEL & & & K.K.TATED, JJ. K.K.TATED, JJ. K.K.TATED, JJ. DATED : 25TH AUGUST, 2008 DATED : 25TH AUGUST, 2008 DATED : 25TH AUGUST, 2008 P.C.: 1. Affidavit in reply filed by respondent no.3 is taken on record. Copies are furnished to the other side. 2. The learned counsel for the petitioners submits that the petitioners may be permitted to 2 withdraw the petition with liberty to exercise their rights relating to the subject matter of the petition as available to them under the law before the appropriate forum including Civil and Criminal courts. 3. Permitted to withdraw with liberty. Dismissed as withdrawn. 4. In view of the fact that the petitioners have withdrawn the petition, the report filed by CBI be returned to them with a direction that they should complete the investigation and take it to his logical end by filing a complaint before the court of competent Jurisdiction. Needless to state that in such an event, the petitioners will have a right to be heard by the Magistrate before the report is accepted or rejected. ( J.N. PATEL, J ) ( J.N. PATEL, J ) ( J.N. PATEL, J ) ( K.K. TATED, J ) ( K.K. TATED, J ) ( K.K. TATED, J )