1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.3799 OF 2009 Vijay Vasant Angne : Applicant (Orig. Accused) V/s. Dr.Vijay N. Deshpande & Ors. : Respondents ... Mr.D.S.Chandnani i/b. M/s.Lexim Associates for the applicant. Mr.S.V.Marwadi for respondent no.1. Ms Jyoti Sargal for respondent no.3. Ms M.H. Mhatre, Addl. Public Prosecutor for the State. ... CORAM : S.A. BOBDE, J. DATE : SEPTEMBER 01, 2009. P.C.: 1. This application is moved under section 482 of the Cr.P.C., read with Article 227 of the Constitution of India, inter alia, for quashing the complaint and the orders passed therein. 2. Mr.Marwadi, the learned counsel for the respondent no.1, points out that an identical prayer was made in an earlier application under section 482 being Criminal Application No.2776 of 2008. That application was allowed to be withdrawn on 28.7.2009 at the request of the applicant, who was granted liberty to participate in the investigation and file appropriate proceedings, as may be advised, in accordance with 2 law. 3. The learned counsel for the respondent no.1 objects to this application on the ground that the same reliefs cannot be claimed now. 4. Mr.Chandnani, the learned counsel for the applicant, submits that this Court had permitted filing of appropriate proceedings as may be advised, in accordance with law, and that means that the applicant was allowed to approach this Court again. This submission is not correct. This Court had not granted permission to withdraw with liberty to file fresh proceedings which is the usual terminology used, when permission is granted to file a fresh petition. The learned counsel for the applicant further submitted that there are some orders passed by the trial Court which resulted in mis-carriage of justice. Admittedly, those orders are not passed after 28.7.2009 when the applicant was allowed to withdraw the petition. Hence, this application is dismissed. 5. At this stage, the learned counsel for the applicant seeks stay of the investigation for a period of four weeks. There is no reason to grant such stay. The prayer made for stay is rejected. S.A. BOBDE, J.