1 APL.1056-2011 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1056 OF 2011 Morris Beni Kinny & Ors. ..Applicants. Vs. Ruksana Mohd. Isaq. Sarodia & Anr. ...Respondents. ---- Mr. S.V. Marwadi with Sunita Sharma-Tiwari, for the Applicants. Mr. J.P. Kharge, AP.P. for the State. ---- CORAM: V.M. KANADE & M.L. TAHALIYANI, JJ. DATE : DECEMBER 01, 2011. P.C.:- 1 Though several opportunities were given to file reply, no reply has been filed by the Investigating Officer. 2. It is an admitted position that so far no material has been found against the applicants in respect of offence which was registered by the Gorai Police Station for offence punishable under Section 302 r/w 2 APL.1056-2011 Section 34 of I.P.C. During the course of investigation, the Investigating Officer had arrested one person by name Mohd. Kabir Mohd. Jibrail Maniyar who had allegedly committed the said offence by pushing the deceased Shabbir Abid Jabara in the well. 3. The Investigating Officer was directed to state whether he proposes to file chargesheet against the present applicants and file an affidavit to that effect. 4. The applicants are the owner of a property and the security watchman was residing adjoining to the said property. Besides this, there is no material on record. In our view, the arguable points are raised. 5. The Investigating Officer Mr. Namdeo Mahadeo More, P.I. of Gorai Police Station is present in the court. Learned A.P.P., on instructions from the Investigating Officer, submits that the Investigating Officer is going to file an application under Section 169 of Cr. P.C. before the learned Magistrate within one week. The statement made by the Investigating Officer through the learned A.P.P. is accepted. 3 APL.1056-2011 6. In view of the statement made by the Investigating Officer, learned counsel for the applicants seeks leave to withdraw the present application. Criminal Application is allowed to be withdrawn. 7. Criminal Application stands disposed of. (M.L. TAHALIYANI, J.) (V.M. KANADE, J.)