1 2.WP2911-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2911 OF 2010 Suresh Ganpati Mane. ..Petitioner. Vs. The State of Maharashtra and 2 others. ..Respondents. .......... Mr.N.N. Gavankar, Advocate i/b. Arfan Sait, Advocate for the Petitioner. Ms.M.H. Mhatre, A.P.P. for the State. .......... CORAM : A.M. KHANWILKAR AND A.R. JOSHI, JJ. DATED : 11TH JANUARY, 2011. P.C. 1. Learned Counsel for the Petitioner in all fairness submits that since remedy of Appeal is available to the Petitioner, the Petitioner be permitted to pursue the said remedy. Accordingly, this Petition is allowed to be withdrawn leaving all questions open. We also make it clear that the Appellate Authority shall decide the Appeal on merits in accordance with law and not to non-suit the Petitioner on the ground that the Appeal is time barred. Petition is disposed of accordingly. (A. R. JOSHI, J.) (A. M. KHANWILKAR, J.) PPD