The present applicant has filed this application under Section 439 of the Criminal Procedure Code for bail.
During the hearing of this application learned advocate Mr.Patel has produced second Birth Certificate of the prosecutrix and stated that as per contents of the second Birth Certificate it appears that prosecutrix is of above 16 years of age. He has submitted that the said Birth Certificate produced before this Court is required to be verified by the Investigating Agency, but he has not made any prayer under provisions of Section 173(8) of the Criminal Procedure Code.
He seeks permission to withdraw this application. Permission as prayed for is granted. Mr.Patel is permitted to move before the lower Court under provisions of Section 173(8) of the Criminal Procedure Code for the purpose of further investigation in view of second Birth Certificate, which is produced before this Court.
Accordingly, this application stands disposed of as withdrawn. Rule is discharged.
(Z. K. SAIYED, J.) kks Top