1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL WRIT PETITION NO.1593 OF 2007 Mr.Bhupesh Kumar Rathod : Petitioner (Orig.Accused) V/s. M/s.Jagruti Securities Ltd. & Anr. : Respondents ... Mr.S.V.Marwadi with Mr.M.V.Aiya for the petitioner. Ms M.V. Thakkar with Ms S.V.Thakkar i/b. Mr.S.V. Thakkar for respondent no.1. Ms A.T. Jhaveri, Addl. Public Prosecutor for the State. .... CORAM : S.A. BOBDE, J. DATE : JULY 24, 2009. P.C.: Rule, returnable forthwith. The learned counsel for the respective respondents waive service. Heard by consent. 2. After hearing the matter for sometime, it appears that it is not necessary to entertain this petition at this stage, in view of the statement of Mr.Marwadi, the learned counsel for the petitioner, that the petitioner shall apply for discharge under section 245(2) of the Cr.P.C. before the 2 Magistrate trying the case. If such an application is made, the Magistrate shall consider the application and the material produced by the petitioner, in accordance with law. Needless to say that the Magistrate shall consider expeditious disposal of the application. 3. Rule made absolute in the above terms. S.A. BOBDE, J.