IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL WRIT PETITION NO. 1499 OF 2008 WRIT PETITION NO. 1499 OF 2008 WRIT PETITION NO. 1499 OF 2008 Hasan Ali Khan s/o Ghousudin Ali Khan ] .. Petitioner Versus The State of Maharashtra ] .. Respondent Mr. Ashok Mundargi, senior counsel i/b Mr. S.S. Pradhan for the petitioner. Mrs. A.S. Pai, APP, for the respondent-State. CORAM: S.B. MHASE & A.A. SAYED, JJ. DATED: 16TH DECEMBER, 2008 P.C. : 1. Mr. Mundargi, the learned senior counsel appearing on behalf of the petitioner states, on instructions, that he may be granted leave to withdraw this Petition with liberty to raise all the grounds agitated in this Petition before the appropriate forum at the appropriate time which forum, according to him, is the trial court. 2. All the grounds raised in this Petition are kept open and the trial court is directed to consider those grounds, if agitated by the petitioner, as per the provisions of law. However, the trial court shall not : 2 : be influenced by this court’s order and shall consider the case on its own merit and on the basis of the material which is placed before the trial court and the submissions made on both the sides. 3. Writ Petition is allowed to be withdrawn with liberty as prayed for. Writ Petition, accordingly, stands disposed of. 4. All concerned to act on an authenticated copy of this order. Sd/- Sd/- [A.A. [A.A. [A.A. SAYED, J.] SAYED, J.] SAYED, J.] [S.B. [S.B. [S.B. MHASE, J.] MHASE, J.] MHASE, J.]