1. The present application u/s.482 of the Code of Criminal Procedure has been preferred by the applicants herein – original accused to quash and set aside the FIR being C.R.No.I-147 of 2007 registered with Vadi Police Station, Vadodara for the offences punishable under Sections 406, 420, 463, 465, 467, 471, 120(B) read with 114 of the Indian Penal Code.
2. Today when the present application is taken up for final hearing, Mr.L.B.Dabhi, learned Additional Public Prosecutor, under the instruction from the concerned Investigating Officer, has stated at the bar that except the petitioners, other accused persons are already charge- sheeted. It is submitted that the applicants would not be charge-sheeted due to pendency of the present proceedings.
At this stage, Mr.Pathan, learned advocate appearing on behalf of the applicants seeks permission to withdraw the present application. However, he has requested to reserve liberty in favour of the applicants to submit an appropriate application for discharge, in case the applicants are charge-sheeted after investigation is concluded qua them.
3. In view of the above, the present application is dismissed as not pressed/withdrawn. As and when any application for discharge is submitted by the applicants, if the applicants are charge-sheeted after investigation is concluded qua them, the same be considered by the concerned Magistrate in accordance with law and on merits. Rule is discharged. Ad-interim relief, if any, stands vacated forthwith.
[M.R.SHAH,J] *dipti