1. The present Criminal Misc. Application under Section 482 of the Code of Criminal Procedure has been preferred by the applicants herein – original accused to quash and set aside the complaint/FIR being C.R. No.I-490 of 2004 registered with J.P.Road Police Station, Vadodara filed by respondent No.3 herein – original complainant for the offences punishable under Sections 342, 387, 506 and 114 of the Indian Penal Code.
2. As the investigation is not yet concluded by the Investigating Officer, Mr.B.S.Patel, learned advocate appearing on behalf of the applicants seeks permission to withdraw the present application. However, he has requested to make suitable observation that Investigating Officer may consider all the materials on record collected during the course of investigation and which is already produced by the petitioner and that may be produced by the petitioner during the course of investigation.
3. In view of the above, the present application is dismissed as withdrawn. It goes without saying that Investigating Officer is bound to consider all the material on record collected during the course of investigation from any persons inclusive of the applicants and conclude the investigation. Rule is discharged. Ad-interim relief, if any, stands vacated forthwith.
[M.R.SHAH,J] *dipti