:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1958 OF 2008 1. Girish Namdev Khandare and anr. ..Applicants Vs. 1. The State of Maharashtra and anr. ..Respondents Mr. K.D. Jha for applicants. Mr. A.S. Shitole, APP for State. Mr. Vivek Sharma for respondent no.2. CORAM: SMT.V.K. TAHILRAMANI,J. CORAM: SMT.V.K. TAHILRAMANI,J. CORAM: SMT.V.K. TAHILRAMANI,J. Date : November 17, 2008. Date : November 17, 2008. Date : November 17, 2008. P.C.: P.C.: P.C.: 1. Heard the learned Advocate for the applicants - original accused nos.1 and 2, learned Advocate for the respondent no.2 - original complainant and the learned APP for the State. 2. The applicants are seeking quashing of C.R. No. 69 of 2008 of Dadar Police Station. The said case is under Sections 498-A and 406 read with Section 34 of I.P.C. The said case pertains to Criminal Case :2: No. 234 of 2008 and it is pending before the learned Magistrate, 5th Court, Bhoiwada, Mumbai. In the said case it is seen that the investigation is over and the charge-sheet has been filed. At this stage, I am not inclined to entertain the present application as in my view the applicants have an alternate efficacious remedy of preferring an application for discharge before the trial court. The learned Advocate for the applicants seeks permission to withdraw this application with liberty to file an application for discharge before the trial court. 3. The application is allowed to be withdrawn with liberty as prayed for. (Smt.V.K. Tahilramani,J.) (Smt.V.K. Tahilramani,J.) (Smt.V.K. Tahilramani,J.)