1. The present application u/s.482 of the Code of Criminal Procedure has been preferred by the applicants herein – original accused Nos.1 & 2 to quash and set aside the criminal complaint being C.R.No.I-177 of 2004 registered with Bhuj Taluka Police Station.
2. At the outset, Mr.Maulik Shelat, learned advocate appearing on behalf of the applicants seeks permission to withdraw the present application with a liberty in favour of the applicants to submit an appropriate application for discharge before the concerned Magistrate/Court. However, he has requested to make suitable observation that as and when such application for discharge is made, the same be considered in accordance with law and on merits and without in any way being influenced by the present order of withdrawal.
3. In view of the above, the present application is dismissed as withdrawn with above liberty. As and when any application for discharge is submitted by the applicants, the same be considered in accordance with law and on merits and without in any way being influenced by the present order of withdrawal as this Court has not expressed anything on merits in favour of either of the parties. Rule is discharged. Ad-interim relief, if any, stands vacated forthwith.
[M.R.SHAH,J] *dipti