1 S/2 S.B. CIVILWRIT PETITION No. 2090/2008 [SHRIKISHAN & ANR. VS. STATE & ORS.] Dated : 02.04.2008 HON'BLE MR. MUNISHWAR NATH BHANDARI, J. Mr.A.K.Acharya for the petitioner. ***** The matter was heard at some length and during the course of argument learned counsel for the petitioner submits that he may be given liberty to move a fresh application before the original court along with necessary documents so that based on such documents his fresh application may be considered by the court below and in view of the above, he wants to withdraw this petition. Looking to the prayer made above, the petitioner is permitted to submit a fresh application along with necessary documents to substantiate the facts to be mentioned in the application and if any such application is submitted, the original court is directed to consider the same on its merit without being prejudiced by the order impugned. However, such consideration would be permitted only when the petitioner submits sufficient material to substantiate the averments made in the application and not otherwise inasmuch as the consideration already made cannot be re- opened on one and the same condition but can be opened when facts are substantiated by production of the documents. 2 With the aforesaid observation, the writ petition is allowed to be withdrawn and accordingly dismissed. (MUNISHWAR NATH BHANDARI), J. mamta