mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 2429 OF 2009 Amar Ranu ... Petitioner versus Harish Patel @ Aaya & Anr. ... Respondents ... Mr. Vikas Shivarkar for petitioner Mr. Nimish Desai for respondent no.1. Mr.S.N. Gawade APP for respondent no.2 State. CORAM : D.G. KARNIK, J. DATED : 4th November 2009 P.C. 1. Heard both sides. By consent, heard finally. 2. The Magistrate has dismissed the application for discharge made bythe applicant under section 239 of the Code of Criminal Procedure on the ground that it was not maintainable. Learned counsel for the petitioner submits that in fact the application ought to have been made u/s.227 of the Code of Criminal Procedure but it was wrongly made u/s.239 of the Cr.PC. He therefore seeks leave to withdraw the application made u/s.239 and apply afresh u/s.227. In my view, such leave cannot be granted. 3. For these reasons, impugned order is set aside. Application made by the petitioner for discharge u/s.239 stands withdrawn with liberty to the petitioner to apply u/s.227 of the Cr.PC. If such an application is made, the Court shall consider it on its own merits without in any way without being influenced by its earlier decision. (D.G. KARNIK,J.)