1. As the petitioner Nos.2 and 5 have expired, Mr.B.B. Naik, learned Counsel appearing on behalf of the petitioners seeks permission to delete petitioner Nos.2 and 5.
Permission as prayed for is granted.
2. Present petition under Article 226 of the Constitution of India has been preferred by the petitioners – original accused to quash and set aside the impugned proceedings being Criminal Complaint No.140 of 2003 pending in the court of learned Judicial Magistrate (First Class), Anand.
3. Considering the fact that the investigation is yet to be conducted with respect to the allegations made in the complaint, Mr.B.B. Naik, learned counsel appearing on behalf of the petitioners seek permission to withdraw the present petition with a liberty in favour of the petitioners to submit an appropriate application for discharge, in case the petitioners are chargesheeted after investigation is concluded and/or to initiate appropriate proceedings before the appropriate forum. He has further requested to make suitable observations that the investigating officer may conduct the investigation in fair and impartial manner and as and when any discharge application is made by the petitioners, the same may be considered by the learned trial court in accordance with law and on merits and without in any way being influenced by the withdrawal of the present order. He has also requested to continue the interim protection granted in favour of the petitioners so as to enable the petitioners to approach the concerned Court for anticipatory bail / bail.
4. In view of the above, without further entering into the merits of the case and/or expressing anything on merits in favour of either of the parties and as the investigation is yet to be concluded by the concerned investigating officer pursuant to the order passed by the learned Magistrate, present petition is dismissed as withdrawn. It is observed that in case the petitioners are chargesheeted after the investigation is concluded, it will be open for the petitioners to submit appropriate application before the concerned Magistrate and/or initiate appropriate proceedings before the higher forum, which be considered in accordance with law and on merits, and without in any being influenced by withdrawal of the present order. Rule is discharged.
Considering the fact that the interim relief granted earlier has been continued since the year 2004, it is directed that no coercive steps shall be taken against the petitioners till 29/2/2012 so as to enable the petitioners to approach the concerned Court for anticipatory bail / bail. However, it is observed that as and when an application for anticipatory bail / bail is preferred by the petitioners, the same be considered in accordance with law and on merits and without in any being influenced by continuation of the interim relief by way of interim arrangement. The interim relief shall stand vacated after 29/2/2012. Rule is discharged.
[M.R. SHAH, J.] rafik