1 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO.117 OF 2006 The State of Maharashtra .. Petitioner. Vs. Rajesh Jaisinghlal Shah & Ors. .. Respondents. Mr.U.V.Nikam A.P.P. for the State. Mr.S.D.Patil for the respondents. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 30TH JUNE, 2006 DATED : 30TH JUNE, 2006 DATED : 30TH JUNE, 2006 P.C.: . Heard learned A.P.P. for the State and learned counsel for the respondents. 2. Mr.Patil, learned counsel for the respondent-accused at the outset raised the objection as to maintainability of the revision relying upon the judgment of the Supreme Court in State Represented by State Represented by State Represented by Inspector of Police and Others Vs. N.M.T.Joy Inspector of Police and Others Vs. N.M.T.Joy Inspector of Police and Others Vs. N.M.T.Joy Immaculate (2004) 5 SCC 729 Immaculate (2004) 5 SCC 729 Immaculate (2004) 5 SCC 729. Mr.Nikam, learned A.P.P. after perusing the judgment fairly stated that the State may be permitted to withdraw the revision with liberty to file appropriate proceedings challenging the order dated 3rd January, 2006 passed by the learned Special Judge (M.C.O.C. Act) Thane. The revision is, accordingly, allowed to be withdrawn with liberty as prayed for. 2 2 2 (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)