mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1502 OF 2009 Starlight Systems Pvt.Ltd. & Anr. ... Petitioners versus State of Maharashtra & Anr. ... Respondents ... Mr.Shirish Gupte, Sr. Advocate with Mr.Subodh Desai i/b A.V. Doijode for the petitioner Mr.Sameer Mohite i/b M/s.Paras Kuhad & Associates for respondent no. 2. Ms.M.H. Mhatre APP for the State. CORAM : D.G. KARNIK, J. DATED : 6th November 2009 P.C. 1. Heard learned counsel for the petitioner for some time. 2. Learned counsel submits that in view of the decision of the Supreme Court in the case of Adalat Prasad Vs. Rooplal Jindal. 2004 (7) SCC 338, the application made by the petitioner for recalling of the process was not maintainable and prays that petitioners may be granted leave to withdraw the application without prejudice to their right to apply for discharge on any of the grounds available to them in law. I am also of the view that in view of the decision of the Supreme Court in case in Adalat Prasad (Supra), the application made by the petitioner for recall of the process was not maintainable and therefore the petitioner can be granted permission to withdraw the application with liberty as prayed for. Consequent upon the withdrawal of the application, all orders passed thereupon would stand quashed and set aside. 3. Accordingly, the application dated 6th February 2007 made by the petitioners for recalling of the process (Exhibit-C to the Writ Petition) stands withdrawn with liberty to the petitioners as prayed above. (D.G. KARNIK,J.)