.{1}. IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.168 OF 2008 Rafiq Ahmed Yusuf Kalsekar. ..Petitioner. Versus The State of Maharashtra and Anr. ..Respondents. .. Mr.S.Khalifa, Adv. i/b. Mr.Amin Solkar, Adv. for the Petitioner. Mr.A.S.Gadkari, APP, for the State. .. CORAM : S.B.MHASE AND CORAM : S.B.MHASE AND CORAM : S.B.MHASE AND SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. DATED : FEBRUARY 06, 2008. DATED : FEBRUARY 06, 2008. DATED : FEBRUARY 06, 2008. P.C.:- P.C.:- P.C.:- 1. Heard. 2. The petitioner is an under-trial prisoner in C.R.No.70 of 2007 under Section 489(b)(c), 120(b) read with 34 of IPC investigated by DCB CID, Unit-9. The petitioner submitted an application before the Additional Chief Metropolitan Magistrate, 37th Court, Esplanade, Mumbai being C.C. No.4/N/2008 for getting permission to get home made food on the ground that the petitioner is a diabetic person and he has been advised to get a specific diet. However, the said application was rejected by the Additional Chief Metropolitan Magistrate, 37th Court, Esplanade, Mumbai. Therefore, this Petition has been filed by .{2}. the petitioner. 3. Now the authorities of the State viz., Dr.Prakash V. Ware, Chief Medical Officer, Mumbai Central Prison, Mumbai and Smt.Swati M. Sathe, Superintendent, Mumbai Central Prison, Mumbai have filed affidavits and in the affidavits they have stated that the petitioner is being provided with diabetic diet and regular medical treatment and because of the same the sugar level of the petitioner is in control. Both the affiants have further stated and given undertaking to this Court that the petitioner will be provided required diabetic diet and medicine to maintain his stable physical condition till he is in the custody of Mumbai Central Prison. The undertaking given by both the affiants, on their behalf and on behalf of the State of Maharashtra, is hereby accepted. In view of the undertaking, the grievance of the petitioner stands redressed and, therefore, the learned Counsel for the petitioner seeks leave to withdraw the Petition. Under these circumstances, Petition is allowed to be withdrawn and is disposed of as such. .{3}. [SMT.V.K.TAHILRAMANI,J.] [S.B.MHASE,J.] [SMT.V.K.TAHILRAMANI,J.] [S.B.MHASE,J.] [SMT.V.K.TAHILRAMANI,J.] [S.B.MHASE,J.]