KBP 1 cr.wp.43-11.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.43 OF 2011 Amrut Malkari Natekar ..Petitioner Vs The State of Maharashtra and arn. ..Respondents -- Mr.V.M.Thorat with Mr.Ashish Gaikwad, for petitioner. Ms.S.D.Shinde, APP for respondent State. -- CORAM : A.M.KHANWILKAR & R.G.KETKAR, JJ. DATE : 23 rd NOVEMBER, 2011 P.C.: The only argument canvassed before us in support of the relief of quashing of F.I.R. Is that, even if the F.I.R. is taken as it is, it does not disclose all the ingredients to attract offence under Section 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988, against the petitioner before this Court. There is no evidence regarding demand made by the petitioner and amount accepted by KBP 2 cr.wp.43-11.odt the petitioner directly or otherwise. The learned counsel for the petitioner has taken us through the conversation between Karyakarte, Deshmukh and Kashid recorded in the trap panchnama. In our opinion, the said conversation will have to be read in its entirety and not out of context. Moreover, the prosecution case is that the petitioner’s subordinate Officer Mr.Deshmukh demanded amount from the complainant acting for and on behalf of the petitioner and under the instructions of the petitioner. The entire evidence will have to be read along with the trap panchnama and the issue of quashing of F.I.R. cannot be answered merely with reference to the selected contents of trap panchnama. 2] In deference to this observation, the counsel for the petitioner submits that in that case, the petitioner may be permitted to withdraw this petition with liberty to pursue other remedies including discharge application before the concerned Court after filing Charge Sheet. 3] In the circumstances, petition is allowed to be withdrawn with liberty as prayed. Needless to observe that the concerned Court will consider the discharge application on its own merits and in KBP 3 cr.wp.43-11.odt accordance with law. [R.G.KETKAR, J.] [A.M.KHANWILKAR, J.]