1. Present petition has been preferred by the petitioner herein - original accused No.1 to quash and set aside the impugned complaint being Criminal Case No.1237 of 2010, pending in the court of learned Metropolitan Magistrate, Court No.25, Ahmedabad as well as order dtd.15/7/2010 passed by the learned Metropolitan Magistrate, Court No.25, Ahmedabad, issuing process against the petitioner for the offence punishable under section 3(1)(10) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
2. Mr.V.N.
Nair, learned advocate appearing on behalf of the petitioner seeks permission to withdraw the present petition with a liberty in favour of the petitioner to raise all the defences available to the petitioner, at the time of trial.
3. Permission as prayed for is granted. Present petition is dismissed as withdrawn. It is observed that whatever the defences are available to the petitioner, are kept open to be considered by the concerned Court at the time of trial in accordance with law and on merits. Rule is discharged. Interim relief granted earlier stands vacated forthwith.
[M.R.
SHAH, J.] rafik Top