1. The present petition under Article 227 of the Constitution of India has been preferred by the petitioners herein to quash and set aside the order dated 15/01/2003 passed by learned Sub-Divisional Magistrate, Surat in Criminal Case No.5 of 2000 as well as impugned judgement and order dated 15/07/2010 passed by learned Additional Sessions Judge & Presiding Officer, FTC, Surat in Criminal Revision Application No.58 of 2003.
2. Today when the present petition is taken up for final hearing, Mr.Sunil Patel, learned advocate appearing on behalf of the petitioners, under the instruction from petitioner No.1 herein - Abbasbhai Mohammadbhai Multani, who is personally present in the Court, has stated at the bar that he does not press the present petition. However, he has requested to grant reasonable time to close the business in question, which is being carried out in the premises in question. He has requested to grant time upto 31st January,2013. It is submitted that the petitioners shall close the business, which they are carrying out in the premises in question on or before 31st January,2013. He has also stated that till then the petitioners shall carry the business between 10:00 a.m. to 6:00 p.m.. It is further submitted by Mr.Patel, learned advocate appearing on behalf of the petitioners that the petitioners shall file an Undertaking to the aforesaid in this proceedings within a period of two weeks from today.
3. In view of the above, the present petition is dismissed as not pressed. Considering the request made by Mr.Sunil Patel, learned advocate appearing on behalf of the petitioners, under the instruction from petitioner No.1 as recorded hereinabove, the petitioners are granted time upto 31st January,2013 to close the business in question, which is being carried out in the premises in question, as agreed. Till then, the petitioners shall do the business in question and run the shop between 10:00 a.m. to 6:00 p.m.. Necessary Undertaking to the aforesaid shall be filed by the petitioners within a period of two weeks from today. Rule is discharged. Subject to the above, ad-interim relief granted earlier stands vacated forthwith.
Direct service is permitted.
[M.R.SHAH,J] *dipti Top