1. The present application u/s.482 of the Code of Criminal Procedure has been preferred by the applicant herein – original accused for an appropriate order to transfer Criminal Case No.1972 of 2004 pending in the Court of learned Chief Metropolitan Magistrate, Ahmedabad to the Court of learned Chief Judicial Magistrate, Himmatnagar, Sabarkantha District or any other court of Sabarkantha District.
2. After the matter was argued for sometime, Mr.Parekh, learned advocate appearing on behalf of the applicant seeks permission to withdraw the present application as the applicant proposes to submit an appropriate application before the concerned Court pointing out that the Court in which he sought transfer has no judicial jurisdiction.
3. Without expressing anything on merits and without expressing anything with respect to entertainability and/or maintainability of such application, the present application is dismissed as withdrawn. As and when any application is made, the same be decided and disposed of in accordance with law and on merits, for which, this Court has not expressed any opinion. Rule is discharged.
[M.R.SHAH,J] *dipti