1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 839 OF 2009 Mrs.Chaya Ravindra Gaud and others ...applicants vs. 1.M/s.Renukanagari Co-operative Housing Society Ltd. 2 State of Maharashtra ...Respondents Mr.Rohan Sonawane i/b Mr.M.B.Shirsat for the petitioners Ms A.T.Javeri A.P.P for State Ms Medha Manake (Jog) for respondent no.1 CORAM : A.S.OKA,J. DATE : JUNE 8, 2009 P.C. 1 The Advocate for the petitioners seeks permission to withdraw this petition. 2 The petitioners were impleaded as opponents in a dispute filed by the first respondent society under section 91 of the Maharashtra Co-operative Societies Act,1960. The said dispute was dismissed for non prosecution. Therefore, the first respondent applied for restoration of the said dispute. There was a delay in making the application for restoration. Therefore, a separate application for condonation of delay was filed by the first respondent. By 2 the impugned order, the delay has been condoned by the learned Judge of the Co-operative Court. Shockingly, this criminal Writ Petition has been filed by the present petitioners for challenging the said order passed by the Cooperative court. In fact, in the cause title of the petition, the petitioners have been described as original accused nos.1 and 2. The said petition could not have been filed as a criminal writ petition and could not have been accepted by the office. It is obvious that the Scrutiny Officer who has accepted the filing of the petition has not even bothered to read the petition. 3 The Registrar (Judicial-I) will ensure that the Scrutiny Officer who has accepted the petition will not work hereinafter as a Scrutiny Officer. 4 Filing of such petition is nothing but abuse of process of law. Therefore, though the petitioners deserve to be granted permission to withdraw the petition, the petitioners will have to pay costs to the Maharashtra Legal Services Authority. 5 Hence, I pass the following order ; i) The petition is dismissed as withdrawn. ii)The petitioners are directed to pay costs of Rs. 5000/- by way of donation to the Maharashtra Legal 3 Services Authority. iii)The Registrar (Judicial-I) will ensure that the Scrutiny Officer who has accepted this petition will not hereinafter work as Scrutiny Officer. JUDGE