IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION No. 7080 of 2009 For Approval and Signature:
HONOURABLE MR.JUSTICE M.R. SHAH
========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ?
2 To be referred to the Reporter or not ?
3 Whether their Lordships wish to see the fair copy of the judgment ?
4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ?
5 Whether it is to be circulated to the civil judge ?
========================================================= ANVARHUSSAIN NISARBHAI SINDHI & 9 - Applicant(s) Versus STATE OF GUJARAT & 1 - Respondent(s) ========================================================= Appearance :
MR EE SAIYED for Applicant(s) : 1 - 10.
MR LB DABHI ADDL.PUBLIC PROSECUTOR for Respondent(s) : 1, RULE SERVED for Respondent(s) : 2, MR G RAMAKRISHNAN for Respondent(s) : 2, =========================================================
CORAM : HONOURABLE MR.JUSTICE M.R. SHAH
Date : 19/01/2012 ORAL JUDGMENT
1. Present petition under section 482 of the Code of Criminal Procedure has been preferred by the petitioners - original accused to quash and set aside the impugned First Information Report being CR No.I-93 of 2009 lodged by the respondent No.2 – original complainant, who is a deserted wife, with the Vadodara City Police Station, Vadodara for the offences punishable under sections 498(A), 323, 504, 506(2) read with section 114 of Indian Penal Code.
2. After the matter was argued for sometime, Mar.Saiyed, learned advocate appearing on behalf of the petitioners seeks permission to withdraw the present petition, however has requested to reserve the liberty in favour of the petitioners to submit appropriate application for discharge before the Magistrate, in case, after investigation is concluded, the petitioners are chargesheeted.
3. In view of the above, present petition is dismissed as withdrawn with above liberty. In case, after the investigation, the petitioners are chargesheeted and any application for discharge is filed by the petitioners before the concerned Magistrate, the same be considered in accordance with law and on merits, and without in any way being influenced by the withdrawal of the present petition. Rule is discharged. Ad- interim relief granted earlier stands vacated.
[M.R. SHAH, J.] rafik