1. The present Special Criminal Application under Article 227 of the Constitution of India has been preferred by the petitioner-original accused no. 2 to quash and set aside the impugned judgment and order passed by the learned Metropolitan Magistrate, Court No. 9, Ahmedabad dated 07/07/2009 below Exh. 119 in Criminal Case No. 2082/2007 as well as the order dated 14/07/2009 passed in Criminal Revision Application No. 253/2009 by the learned Additional City Sessions Judge, Ahmedabad.
2. After the matter was argued for some time and in view of the subsequent development, Shri Samir Khan, learned advocate appearing on behalf of the petitioner seeks permission to withdraw the present petition keeping all the questions open, which may be considered by the learned trial Court in case the trial is to be proceeded against the petitioner. Permission is accordingly granted. In view of the above, the present petition is disposed of as withdrawn keeping all the defenses, which may be available to the parties open, inclusive of which may be available to the petitioner to be agitated before the learned trial Court in case ultimately the trial is to be proceeded against the petitioner. Rule is discharged. Ad-interim relief granted earlier, if any, stands vacated forthwith.
(M.R. SHAH, J.) siji