1 wp2646-09 jpc/- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2646 OF 2009 Ishwar Baburao Sawant .. Petitioner Vs. The State of Maharashtra and another .. Respondents Mr. S. A. Tawate for the Petitioner Mr.Rajesh More, APP for the State Mr. A. S. Kode, for respondent No.2 CORAM : N. D. DESHPANDE, J. DATE : 1st February, 2011 P. C. 1. Heard Mr. Tawate for the Petitioner, Mr. More, APP for the State and Mr. Kode for the Respondent No.2. 2. The present petition involves a dispute over production of certain documents, which, according to respondent No.2, he cannot be compelled to produce, even assuming that those are with the him. Admittedly the Petitioner/complainant is possessing the xerox copy of the documents with endorsement/signature of the accused, that the accused had taken away those original documents. In view thereof, the petitioner seeks to withdraw this petition with permission to make an application before the Trial Court for permission to lead secondary evidence, stating the facts and circumstances which 2 wp2646-09 would enable him to lead secondary evidence. 3. The Petition is allowed to be withdrawn with liberty as sought. 4. It is made clear that on such application is made by the petitioner before the trial Court for secondary evidence, same shall be decided by the Trial Court in accordance with law. 5. Writ Petition is accordingly disposed of. ( N. D. DESHPANDE, J. )