1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No.4440/2008. DR. JAGANNATH SITARAMJI DHONE OPP. CIVIL COURT, AKOLA .. Petitioner/s VERSUS 1. STATE OF MAH. THRU. PSO KARANJA & ANOR. P.S. KARANJA, DIST. WASHIM 2. SHRIRAM BALIRAM INGLE PALANA, POST KHERDA BK. TQ. KARANJA (LAD) WASHIM .. Respondent/s --------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------- Mr. B. N. Mohta, counsel for applicant. Mr. S.G. Joshi, counsel for respondent - complainant. Mr. Yengal, A.P.P. for State. CORAM:- R. Y. GANOO, J. DATED:- 3 rd of August, 2009. 1. As the matter was called out learned Advocate Mr. Mohta applied for withdrawal of the petition. He, however, submitted that petitioner be permitted to argue three points before the learned Judicial Magistrate, First Class in case of final arguments namely – 1) no notice issued to the company by name Gurukrupa Agro Teak Forest Limited, 2 2) the said company is not joined as an accused and 3) there is no verification whatsoever. The learned advocate Mr. Mohta submitted that these points are very vital and should be brought before the learned Judicial Magistrate, First Class. There is no difficulty in allowing the petitioner to raise the aforesaid points as may be desired by him. Hence the order. a. The petition is allowed to be withdrawn. b. The petitioner is permitted to raise all points which in his opinion go to the root of the matter including the points mentioned above and no specific liberty from the Court is required. c. Merits of the matter is kept open. No views are expressed on the merits of the matter. d. It is further clarified that it will not be open for one accused to make a grievance that the other accused is not joined. If in the opinion of the petitioner certain points are required to be considered by the learned Magistrate at the time of final arguments, it is open for the petitioner to submit those points before the trial Court. JUDGE nvt.