1 WP.1302/2008 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1302 OF 2008 Shankar Raghumal Rohida ..Petitioner V/s The State of Maharashtra & Ors. ..Respondents. --- Mr. Yug Mohit Choudhari, Advocate appointed as amicus curiae for the petitioner. Mr. Sandesh D. Patil i/b Shivraj R. Patil, for Respondent No.4. Mr. Ganesh Sovani, for Respondent No.5. Mr. H.V. Shekhawat, for Respondent Nos.7,8,9 and 13. Dr. F.R. Shaikh, APP for the State. --- CORAM:- A.M.KHANWILKAR & P.D. KODE, JJ DATED :- OCTOBER 19, 2010. P.C. 1] The controversy brought before this Court can be conveniently addressed by the concerned Magistrate where the proceedings under section 156(3) are in progress. 2] Accordingly, as requested by the Petitioner who is present in Court, the petition is allowed to withdraw this petition and pursue other remedies before the concerned Magistrate’s Court. Needless to observe that 2 WP.1302/2008 the material that has been brought on record before this Court can be brought to the notice of the concerned Magistrate in pending proceedings which will be considered by the said Magistrate on its own merits in accordance with law. 3] We clarify that we have not expressed any opinion on the merits of the controversy and we hope and trust that the concerned Magistrate will examine the grievance of the petitioner and issue such directions as may be necessary for further investigation into the allegations made by the petitioner which is pending inquiry. Even that aspect will have to be considered by the Magistrate on its own merits in accordance with law. This Order is not an expression of opinion either way on the merits of the controversy. 4] Order accordingly. 5] Court expresses word of gratitude for the able assistance given by the advocate appointed to espouse the cause of the petitioner. [P.D.KODE, J] [A.M.KHANWILKAR, J]