His lawyer, Ejaz Khan, filed the application before a division bench of Justices A M Khanwilkar and A R Joshi. The application did not give any reason for seeking to withdraw.
It would be heard tomorrow.
Patel's petition seeks transfer of the investigation of the murder of Laila, her mother and four siblings, currently being probed by Mumbai crime branch.
At the last hearing, the Judges had said court cannot transfer every probe to the central agency. "Just because she (Laila) is a celebrity, CBI cannot be asked to probe the matter," the HC said.
After Laila and her family members had gone missing in Ferbuary 2011, their decomposed bodies were recovered early this month from the family's bungalow in Igatpuri near Nashik.
Laila's step-father Parvez Tak is the main accused and has been arrested.
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