1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2473 OF 2011 M/s.Oscar Builders Pvt.Ltd.& Anr. .. Petitioners V/s The Senior Inspector of Police, Yellow Gate Police Station & Ors. .. Respondent Mr.Ashok Mundergi, Senior Advocate with Mr.Mubin Solkar, and Mr.Subodh Desai for the petitioner. Mr.V.M.Parshurami for Respondent No.2. Mr.P.A.Pol, Public Prosecutor for State. CORAM: A.M.KHANWILKAR & R.G.KETKAR, JJ. DATE: 22nd December, 2011. P.C.: 1. The learned APP on instructions states that the investigation in C.R.No.207 of 2011 has been completed by the Investigating Officer and he has also filed ‘E’ Summary Report before the concerned Court. In view of this development, Counsel for the petitioners submits that the prosecution has virtually conceded the position stated by the petitioners that the petitioners are not involved in the commission of the alleged offence. He therefore submits that the petition be allowed. 2. We are not inclined to adopt that course. Instead we permit the 2 petitioners to withdraw this petition with liberty to pursue the remedy before the concerned Court where ‘E’ Summary Report has been filed by the Investigating Officer. In other words, it will be open to the concerned Court to accept the ‘E’ Summary Report as filed or to issue such directions as may be necessary. Depending on those directions, the claim of the petitioners will have to be tested. 3. As aforesaid, this petition is allowed to be withdrawn with liberty to the petitioners to pursue other remedies as may be available in law. All questions raised in this petition are kept open. (R.G.KETKAR, J.) (A.M.KHANWILKAR, J.)