1 wp1148.11 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 1148 OF 2011 Rajendra Anandrao Bhosale. ....Petitioner Vs. State of Maharashtra & ors. ....Respondents Mr. Subhash Jha i/b. Law Global, advocate for petitioner. Ms. S.V.Gajare, APP for State. CORAM:- P.V.HARDAS AND M.N.GILANI, JJ DATED:- APRIL 29, 2011 P.C. 1 The Petitioner by this Petition under Article 226 of the Constitution of India has prayed for issuance of writ of certiorari for examining the propriety of the Petitioner being arraigned as an accused in Crime No.30/11 registered by the Chakan Police Station. The principal contention of the Petitioner in this Petition is that the Petitioner has submitted representation dated 14/4/2011, as also furnished adequate material to indicate that the Petitioner was not present at the alleged scene of the offence at the alleged time but was present elsewhere. Obviously, such a plea of alibi would have 2 wp1148.11 to be examined in exercise of the jurisdiction, particularly, at the stage where the investigation is in progress. The learned APP however, very fairly states on the basis of the instruction of the Investigating Officer that the Investigating Officer would also investigate in respect of the plea of the Petitioner raised in the representation dated 14/4/2011 submitted by the Petitioner. We accept the aforesaid statement of the learned APP as an undertaking to the Court. In the light of the said statement Mr. Subhash Jha, learned Counsel for the Petitioner states on instruction that the Petitioner may be permitted to withdraw this Petition. The Petition is accordingly dismissed as withdrawn accepting the statement of the learned APP as an undertaking to the Court, with no order as to costs. (M.N.GILANI, J) (P.V.HARDAS, J)