20.wp2227-10 RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2227 OF 2010 Bhaktibai Sewaksingh Labana & Ors .. Petitioners Vs Premsingh Sardarsingh Labana & Ors .. Respondents Mr. V.N. Tayade for the Petitioners Mr. Pawan Mali & Mr. Kamlesh Mali for respondent no. 1 Mr. H.J. Dedhia, APP for the State CORAM : SMT. V.K. TAHILRAMANI, J DATE : 6th AUGUST, 2010 P.C.: 1. The petitioners have prayed for quashing of FIR and private complaint. The FIR is numbered as I-25 of 2010 of Central Police Station, Ulhasnagar and it is under Sections 406, 420, 452, 504 and 506 of IPC. The private complaint is numbered as 1 of 2010 and it is pending before J.M.F.C., Ulhasnagar. 2. Private complaint bearing C.C. NO. 1 of 2010 came to be filed against the Petitioners before the learned JMFC, Ulhasnagar. The learned Magistrate directed the police to investigate the matter under Section 156(3) of Cr.P.C. 1 20.wp2227-10 Pursuant thereto,FIR came to be registered by Central Police Station, Ulhasnagar vide CR I-25 of 2010. 3. The learned APP states that investigation in the said case is over and the charge sheet has been filed. In view of the fact that charge sheet has been filed, now, the prayer for quashing of FIR cannot be entertained and the petitioners would have to adopt appropriate proceedings in respect of charge sheet. 4. The learned counsel for the petitioners states in view of the fact that the charge sheet has been filed, he may be permitted to withdraw this petition with liberty to adopt appropriate proceedings. In view of this statement, the petition is allowed to be withdrawn with liberty to the petitioners to file appropriate proceedings in relation to the charge sheet. It is also open to the petitioners to file discharge application if so advised. 5. Petition is disposed of with aforesaid liberty. [SMT. V.K. TAHILRAMANI, J.] 2 20.wp2227-10 3