:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.319 OF 2005 Prakash P. Kulkarni ...Petitioner V/s Nimba Bhikaji Ahire and 3 Ors. ...Respondents. --- Mr. N.B. Shah for the Petitioner. Mr. A.S. Shitole, APP for the State. --- CORAM: V.M. KANADE, J. DATE : 1st March, 2005 P.C. 1. Heard the learned Counsel for the petitioner and the learned APP for the State. 2. Petitioner is challenging the order of issuance of process by the Metropolitan Magistrate on the ground that no case is made out against the petitioner in the complaint. He submits that the bare perusal of the averments made in the complaint would disclose that no averments are made against the present petitioner and, therefore, the order of process should be recalled. 3. The complaint is filed under section 417, 420, 421, 465 read with section 34 of the Indian Penal Code and hence it is a warrant triable case. Applicant has a remedy of making the application before the Magistrate for discharge under section 245 of the Code of Criminal Procedure at the appropriate stage. :2: 4. The learned Counsel for the petitioner seeks permission to withdraw the present application with liberty to file an application for discharge under section 245. Permission granted. Application is allowed to be withdrawn and disposed of as such. 5. However, it is made clear that if an application for discharge is filed by the petitioner at the appropriate stage, the Trial Court shall hear and decide the same as expeditiously as possible and, in any case, within a period of three months. 5. All concerned to act on the copy of this order duly authenticated by the Registry. V.M. KANADE, J.