1 Cri.Appl.No.1796 of 2006 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1796 OF 2006 Pramod S/o.Babalal Lakhara, Age-30 years, Occu-Business, R/o. C/o.Deepak and Sons, Gujar Galli, Ahmednagar APPLICANT VERSUS 1. The State of Maharashtra, 2. Rahul S/o.Arjunrao Sangle, Age-30 years, Occu-Business, R/o.Kanchan Apartment, Savedi, Tq. And Dist. Ahmednagar RESPONDENTS Mrs.Shilpa Jahagirdar, learned counsel for the applicant. Mr.D.V.Tele, learned A.P.P. for respondent State. Mr.G.V.Mohekar, learned counsel for respondent no.2 (CORAM : A.V.POTDAR, J.) DATE : 07/03/2011 ORAL JUDGMENT : 1. By the present application, the applicant has approached this Court u/s. 482 of The Cr.P.C., questioning the correctness of an order passed below Exh.38 of framing of Charge and issuance of process below Exh.1 u/s. 420 of The IPC, against the applicant, on the complaint lodged by the respondent no.2. 2 Cri.Appl.No.1796 of 2006 2. Rule was issued on 13/11/2006 and interim relief was granted in favour of the applicant in terms of prayer clause ‘D’. 3. Today, when the application came up for final hearing, observations of the Single Judge of this Court in the matter of V.K.Jain and others versus Pratap V.Padode and another, 2005(3) Mh.L.J. 778 are placed on record, wherein it is held that, where the remedy of revision u/s. 397 of The Cr.P.C. is available, then the powers u/s. 482 of The Cr.P.C., not to be invoked before this Court. When these observations are brought to the notice of learned counsel of applicant, it is requested that leave be granted to withdraw the present application with liberty to move the learned Sessions Court, Ahmednagar and to continue the interim protection for 4 weeks. Accordingly, leave granted to withdraw the application with the aforesaid liberty. Application stands disposed of as withdrawn. 4. Rule discharged. Interim protection, in existence, to continue for the period of 4 weeks. Parties to act on the authenticated copy of this order. (A.V.POTDAR, J.) khs/MAR. 2011/cri.appl.1796-06