1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2172 OF 2009 Balu Baban Kamate .. Petitioner. vs The State of Maharashtra & Ors. .. Respondents. WITH CRIMINAL WRIT PETITION NO. 1925 OF 2009 Balu Baban Kamate ... Petitioner. Vs. The State of Maharashtra & Ors. .. Respondents. Mr. Nitin Pradhan i/by Kuldip S. Patil for the Petitioner.. Dr. F.R. Shaikh, APP., for the Respondent/State. CORAM : J. N. PATEL & A. A. SAYED, JJ. DATE : 9TH NOVEMBER, 2009 P.C. : The learned APP., has kept before us copy of the final 2 report submitted to the Court of Judicial Magistrate, First Class, Lashkar, Pune in FIR No. 179 dated 28.7.2009 where a charge sheet has been filed in the Court against the petitioner for having committed offences under sections 447, 506 (2), 384, 386, 34 of IPC. 2. The learned APP., states that the charge sheets have been filed on 5.9.2009 and 7.11.2009. He has no instructions to state whether the accused was summoned to the Court by the police by giving him due intimation and intimating him that they propose to file a charge sheet. On the other hand, we are informed that the accused has been absconding. If that is so, we fail to understand why at the time of filing the charge sheet the prosecution has not applied to the learned Magistrate to take steps to secure his custody as per the procedure contemplated under the Criminal Procedure Code. 3. The learned APP., submits that he will furnish to the learned counsel for the petitioner copy of the report during the course of the day and seeks direction from this Court that the petitioner be directed to appear before the Court of the JMFC (Lashkar), Court at Pune in view of the fact that as the charge sheet in the case has been filed, these petitions for seeking quashing and setting aside of the FIR and all proceedings arising out of C.R. No. 179/2009 and C.R. No. 158/2009 registered with Kondhava Police 3 Station, Pune, do not survive. In view of the filing of the charge sheet, the learned counsel for the petitioner submits that the petitioner may be permitted to withdraw these petitions with a request that this Court may observe that the withdrawal of the petitions may not act as an obstruction in raising the defences available to him under the law. In our humble view, the withdrawal of the petitions does not deprive the accused from raising all the contentons available to him in the criminal appeal. 4. Before we part with these petitions, we direct the petitioner to surrender before the JMFC (Lashkar) Court at Pune on or before 16.11.2009. On failure on the part of the petitioner to surrender before the Court, it will be appropriate that the prosecution moves the Court which is seized with the matter to take appropriate steps for securing the presence of the appellant. ( J. N. PATEL, J.) ( A. A. SAYED, J.)