IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.804 OF 2008 Upendra Kumar Agarwal @ Upendra Gupta ...Petitioner V/s State of Maharashtra ..Respondent Mr.A.P.Mundargi i/b Ratnakar Singh for Petitioner Mrs A.S.Pai,APP for State CORAM:BILAL NAZKI, AND A.P.BHANGALE,JJ DATE: APRIL 25, 2008 P.C.:- 1. The charge sheet against the Petitioner is already filed. Therefore, it will not be proper for this Court to go into the question raised in this petition at this stage. However, if the Petitioner has any grievance then he may appear before the trial Court and claim that no case has been made out against him and ask for discharge, if he is able to satisfy the trial court. However, the learned Counsel appearing for the Petitioner submits that since the Petitioner is in jail, in the State of Haryana, he is not in a position to even appear before the trial Court at Mumbai. The learned Public Prosecutor has also made an application for production of the petitioner before the trial Court as the Police wants to further investigate in the matter. 2. In this view of the matter the petition is misconceived and is dismissed as such. ( BILAL NAZKI,J ) ( A.P.BHANGALE,J )