1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINALWRIT PETITION NO.28 OF 2008 (Dayaram Maroti Kapgate vs. State and others) ___________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : D.D. SINHA AND A.P. BHANGALE , JJ. DATED : OCTOBER 1, 2008 Heard Shri Samarth, learned Counsel for the petitioner, Shri Nitin Sambre, learned Public Prosecutor for the respondent nos. 1 to 4, and Shri Abhay Sambre, learned Counsel for the respondent no.5. The criminal writ petition is directed against the communication dated 24.8.2004 issued by the State Government whereby concerned Public Prosecutor is asked to take appropriate steps as per provisions of Section 321 of the Criminal Procedure Code for withdrawal of prosecution against respondent no.5 in view of certain contingencies mentioned in the communication. Shri Nitin Sambre, learned Public Prosecutor brought to the notice of this Court that 2 pursuant to the impugned communication, request was made by the concerned Public Prosecutor to the concerned Court, which was turned down by the concerned Court vide order dated 18.7.2008. In that view of the matter, grievance of the petitioner stands redressed. Consequently, the criminal writ petition is disposed of as infructuous. JUDGE JUDGE khj