1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Writ Petition No. 779/2008 Suresh Nilkanth Pande ..vs.. Yogendra Sitaram Kumbhare --------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------- Mr. P. D. Meghe, Advocate for petitioner. Mr. S. S. Joshi, Advocate for respondent. CORAM:- R. Y. GANOO, J. DATED:- 24 th JULY, 2009. 1. Heard learned counsel for the parties. 2. When the petition was taken up for hearing, learned Advocate for the petitioner applied for withdrawal of the petition and in the next breath also submitted that learned Judicial Magistrate First class, Kamptee be directed to dispose of the matter. Mr. Joshi, learned Advocate for the respondent submitted that the petitioner filed an application before J.M.F.C. Kamptee, by which he wanted to have dismissal of the complaint. When he lost in the said application, he approached the revisional Court. The learned Advocate also submitted that the petitioner failed certain proceedings, which were not maintainable and it is only after failing in those proceedings, this petition came to 2 be filed. He submitted that substantial costs be awarded to the respondent, if the petitioner wants withdrawal of the writ petition. 3. In view of above, the petition is allowed to be withdrawn. So far as the question of costs is concerned, if a sum of Rs. 2000/- is awarded to the respondent by way of costs, it would meet the ends of justice. 4. So far as the hearing of Criminal Complaint Case No. 474/2006 is concerned, it would be appropriate that the Criminal Case is decided, as early as possible. 5. In view of above, following order is passed. The writ petition is allowed to be withdrawn. Learned Judicial Magistrate First Class, Kamptee is directed to hear and dispose of Criminal Complaint Case No. 474/2006 filed by the present respondent Yogendra Sitaram Kumbhare, as early as possible and preferably by 31.03.2010. The petitioner is directed to pay to the respondent a sum of Rs. 2000/- as and by way of cost on or before 31.08.2009. JUDGE 3 kahale