1 26WP.1276-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1276 OF 2011 Mr.Vishnu Udhoram Thakur. ..Petitioner. Vs. The State of Maharashtra and 2 others. ..Respondents. .......... Mr.Jagdish B. Choudhary, Advocate i/b. M/s. Nankani & Asso. for the Petitioner. Ms.S.V. Gajare, A.P.P. for the State. .......... CORAM : A. M. KHANWILKAR AND P. D. KODE, JJ. DATED : 16th AUGUST, 2011. P.C. 1. This Petition is filed primarily for quashing the communication dated 28.2.2011 (Exhibit-G) whereunder further investigation of the case has been contemplated. The petitioner, admittedly, as of now, is not shown as an accused in the case. But, the petitioner apprehends that during the further investigation, he may be falsely roped in as one of the accused, for which reason has approached this Court for quashing of further investigation. 2. The petitioner now submits through Counsel that he may withdraw the present Petition with liberty to file fresh proceeding as and when occasion arises. We have no difficulty in acceding to the said PPD 2 26WP.1276-11 request of the petitioner, to allow him to withdraw this Petition. However, we are not inclined to grant liberty to the petitioner to once again file fresh Petition for the relief of quashing of further investigation. Instead, we would grant liberty to the petitioner to pursue appropriate remedy after the further investigation is complete and supplementary charge-sheet is filed before the appropriate Court on the basis of the said further investigation. 3. Petition is allowed to be withdrawn on the above terms. We make it clear that, the fact that the petitioner has withdrawn this Petition will not be any impediment for the petitioner to assail the action of the investigating agency of allegedly falsely implicating him in the alleged offence. (P. D. KODE, J.) (A. M. KHANWILKAR, J.)