1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3191 OF 2011 Kantibhai Patel Petitioner versus Ekram M. Shaikh and another Respondents Ms.Kiran Singh for petitioner. Ms.Shubhangi Chaudhari for respondent no.1. Mr.P.A.Pol, Public Prosecutor for respondent no.2. CORAM : A.M.KHANWILKALR AND P.D.KODE, JJ. DATE : 21st October 2011 PC : 1. Learned APP has invited our attention to the order dated 2nd August 2010 passed in Writ Petition No.1336 of 2010 preferred by the very petitioner in relation to self same CR No.41 of 2010. The relief claimed in this petition has been expressly rejected with liberty to the petitioner to apply for discharge if so advised. This factual position has not been disclosed in the present writ petition. 2. Learned counsel for the petitioner submits that the advocate for the petitioner was not present when the previous matter was called out on 2nd August 2010. That can be no justification for not disclosing the factual position that the petitioner had already resorted to petition for same relief in the past and dismissed. The counsel for petitioner submits that in that case the petitioner be permitted to withdraw this petition and move the same Court which had occasion 2 to pass order dated 2nd August 2010 for appropriate relief as may be advised. 3. In the circumstances, this petition is dismissed as withdrawn. We are not granting any liberty to the petitioner. If the petitioner is so advised, he is free to take recourse to such proceedings as may be permitted in law which will be decided by the concerned Bench. (P.D.KODE, J.) (A.M.KHANWILKAR, J.)