It is submitted by learned advocate, Mr.Nikhil Kariel for the applicant that the applicant had preferred application under Sec.482 of Cr.P.C. wherein following order has been passed by the Court (Coram: Anant S.Dave,J.) vide order dated 19-3-2012 passed in Cri.Misc.Appln.No.3946 of 2012:
"Upon consideration of documents of Deed of Admission-cum-Retirement dated 04.06.2003 produced at page 78 with affidavit-in-reply filed by the complainant and undertaking i.e. `Bahedhari kath' of even date and comparison of signatures of Shri Lalji Tejas Satra on the document at page 78 as witness and the undertaking, prima facie, the signatures appears to be made by one and the same person. Prima facie, it also appears that the dispute is pertaining to transactions arising out of the partnership firm and the impugned complaint is nothing but an abuse of process of law in putting the criminal machinery into motion.
In view of the above, Rule.
By way of ad-interim relief, further proceedings of the impugned complaint qua the petitioners shall remain stayed.
Direct service is permitted."
In view of the above order, learned counsel for the applicant seeks permission to withdraw this application at this juncture.
Permission is granted as prayed for. This application stands disposed of as withdrawn at this stage. Rule is discharged. Liberty to file afresh, if occasion arises.
(M.D.SHAH,J.) radhan/ Top