IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 234 OF 2008 CRIMINAL APPLICATION NO. 234 OF 2008 CRIMINAL APPLICATION NO. 234 OF 2008 Pravinchandra Narsi Momaya .... Applicant versus C.B.I. Spe. & anr. ...... Respondent. Mr. N.K.Thakore i/b Prakash Naik for the applicant. Mr. Y.S.Shinde APP for State. CORAM; A.P. DESHPANDE, J. CORAM; A.P. DESHPANDE, J. CORAM; A.P. DESHPANDE, J. DATED; 6TH FEBRUARY, 2008 DATED; 6TH FEBRUARY, 2008 DATED; 6TH FEBRUARY, 2008 P.C.; P.C.; P.C.; 1. Additional Chief Metropolitan Magistrate, by an order dated 2-3-2001 passed an order of committal of the case to the Special Judge. The said order was challenged by filing Criminal Writ Petition bearing No.135/03. The said petition came to be dismissed in default. Instead of taking steps for restoration of the writ petition, an application was moved before the Special Judge taking objection to the legality of the order of committal passed by the Addl.Chief Metropolitan Magistrate. The Special Judge has rejected the said application on the ground that the order of committal was challenged by filing the criminal writ petition and the same having been dismissed in default, the legality of the committal order cannot be gone into by the Special Court. It is this order passed by the Special Judge which is challenged by filing the present Petition. it is obvious that the fresh application moved before the Special Judge bearing Misc. Application No.315/07 was itself misconceived. At this stage the learned counsel for the petitioner seeks permission to withdraw this petition with liberty to apply for restoration of the W.P.No.135/03. Allowed to be withdrawn with liberty as prayed for. ....