1. The present Criminal Misc.Application u/s.482 of the Code of Criminal Procedure has been preferred by the applicants herein- original accused to quash and set aside the impugned FIR being C.R.No.I-4/2008 registered with DCB Police Station, Surat for the offences punishable under Sections 420, 465, 467, 468, 471, 120-B and 114 of the Indian Penal Code.
2. Mr.L.B.Dabhi, learned Additional Public Prosecutor, under the instruction from the concerned Investigating Officer, who is personally present in the Court, has stated at the bar that after the order passed by this Court, Investigating Officer has received the report from the Hand-writing expert from the FSL and prima facie the same is against the applicants. He has also stated that further investigation is required to be carried out.
3. In view of the above and when investigation is still to be concluded and completed, Mr.Hardik Dave, learned advocate appearing on behalf of the applicants, seeks permission to withdraw the present application with a liberty in favour of the applicants to submit an appropriate application for discharge before the concerned Magistrate, in case investigation is concluded and the applicants are charge-sheeted.
4. In view of the above, the present application is dismissed as withdrawn with above liberty. Rule is discharged. Ad-interim relief granted earlier, if any, stands vacated forthwith. It goes without saying that as and when any application for discharge is submitted, the same be considered by the learned Magistrate in accordance with law and on merits and without in any way being influenced by the present application as nothing has been observed by this Court on merits in favour of either of the parties.
[M.R.SHAH,J] *dipti Top