1. By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following main reliefs:
"19(A) THE HONOURABLE COURT be pleased to issue appropriate writ, order or direction, directing the respondents to forthwith apply for sanction and be further be pleased to direct the competent authority to decide the same in accordance with law within a period of one month from the date of receipt of such application in the interest of justice;
(B) THIS HON'BLE COURT be pleased to, in the alternative, direct the concerned respondents to decide the application dated 14th October,2002 (Annexure-H) forthwith in the interest of justice;
(C) THIS HON'BLE COURT be pleased to grant such other and further reliefs as may be deeded fit and proper in the facts and circumstances of the case.
(D) YOUR LORDSHIPS be pleased to direct the respondent no.2 to register the FIR of the petitioner and apply for obtaining sanction forthwith in the interest of justice;
(E) YOUR LORDSHIPS be pleased to quash and set aside the impugned order of the State Government dtd.31-1-2002 at Annexure-K to this petition and direct the respondents to register the FIR and obtain sanction forthwith in accordance with law."
2. Today when the present petition is taken up for final hearing, Mr.M.M.Tirmizi, learned advocate appearing on behalf of the applicant has stated at the bar that in view of the subsequent development of granting the sanction and thereafter submitting "A" Summary Report, the present petition has become infructuous. However, he has submitted that a liberty may be reserved in favour of the petitioner to oppose "A" Summary Report.
3. In view of the above and without further expressing anything on merits, the present petition is dismissed as having become infructuous. However, as and when "A" Summary Report is considered by the learned Magistrate, the same be considered in accordance with law and without in any way being influenced by the present order of withdrawal. Rule is discharged. Ad-interim relief, if any, stands vacated forthwith.
[M.R.SHAH,J] *dipti Top