Mr.
H. C. Buch, learned advocate for the applicant seeks permission to withdraw this application with a view to raise the question as regards applicability of section 197 of the Code of Criminal Procedure, 1973 at an appropriate stage during the trial.
Permission, as prayed for, is granted. The application is rejected, as withdrawn. However, it will be open to the applicant to raise the question as regards the applicability of section 197 of the Code, if the occasion so arises, at an appropriate stage during the trial. Ad-interim relief granted earlier stands vacated. Rule is discharged.
It is clarified that this Court has not expressed any opinion as regards the applicability or otherwise of section 197 of the Code and if the plea relating to applicability of section 197 is raised subsequently, the Court concerned would decide the issue on merits, without taking into consideration the fact that the present application has been rejected as withdrawn.
[HARSHA DEVANI, J.] parmar* Top