( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 555 OF 2005 Brijmohan s/o Dhirajprasad Mishra PETITIONER VERSUS The State of Maharashtra and others RESPONDENTS .... Mr. Sachin Deshmukh, advocate for the petitioner. Mr. B.J. Sonawane, APP for the respondents No. 1 and 2. Mr. S.S. Deo, advocate holding for Mr. S.G. Rudrawar, advocate for the respondent No. 3. Mr. N.P. Patil (Jamalpurkar), advocate for respondent No.4. Mr. Pradeep Deshmukh, advocate for the respondent No. 5. Mr. A.B. Tidke, advocate holding for Mr. S.S. Thombre, advocate for respondents No. 6, 8 and 9. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 26th August, 2010] PER COURT : 1. Heard learned counsel for the parties and learned A.P.P. 2. Since the impugned order dated 08-11-2004 is obviously non-reflective of the application of judicial mind and more particularly pertaining to existence of public interest, the counsel for the parties agree that the impugned order may be set aside with further direction that the learned Additional Chief Judicial Magistrate, Ambajogai may pass ( 2 ) speaking order on merits of the matter. 3. Hence, the impugned order is set aside. All the questions are kept open and the learned Additional Chief Judicial Magistrate is directed to reconsider the application for withdrawal on merits and pass appropriate order, taking into account the provisions of Section 321 of the Criminal Procedure Code. Present petition is accordingly disposed of. 4. In view of disposal of the petition, criminal application No. 3904/2007 stands disposed of. [V.R. KINGAONKAR] JUDGE NPJ/criwp555-05