1 appln 4487-10 jpc/- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4487 OF 2010 Hitesh H. Kareliya .. Petitioner Vs. The State of Maharashtra ..Respondent Ms. Anjai Patil for the petitioner Mr. Rajesh More, APP for the Respondent- State CORAM : N. D. DESHPANDE, J. DATE : 1st February, 2011 P. C. 1. Heard Ms. Patil learned counsel for the petitioner and Mr. More, APP for the State. 2. In this application the applicant/accused has prayed for directing discharge, who has been committed to the Sessions Court for the offences punishable under Sections 255, 256 257, 259, 260 and 465, 467, 468, 471, 420, 420(B) of the Indian Penal Code. Amongst all these sections, Section 255 is triable in Sessions and the applicant has claimed for discharge for the offence under Section 255 in CR No. 22 of 2008. The applicant is accused amongst two others. The Applicant had prayed for discharge before the Sessions Court, however his discharge application was 2 appln 4487-10 not considered. Hence this petition. 3. Perused the application for discharge and the impugned order. There will be hearing under section 226 of the Criminal Procedure Code, 1973, where the prosecution will have to substantiate the charges by evidence. At the same time the accused has also a right to defend the charge under section 227 of the Criminal Procedure Code and given opportunity to point out that they are groundless. 4. In the light of the above discussion and observations, the learned counsel for the applicant prayed for withdrawal of the application. Allowed to withdraw. 5. The application is disposed of as withdrawn. ( N. D. DESHPANDE, J. )