1. The present application under Section 482 of the Code of Criminal Procedure has been preferred by the applicants-original accused to quash and set aside the impugned FIR, being FIR No. 3154/2008 registered with Tharad Police Station, Banaskantha for the offences punishable under Sections 504, 506(2) and 114 of the Indian Penal Code and Section 3(6)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
2. As the investigation is still going on and is yet not concluded, the learned advocate appearing on behalf of the applicants seeks permission to withdraw the present application, however, has requested to reserve the liberty in favour of the applicants to submit an appropriate application before the concerned Court (in case the applicants are chargesheeted) and to make suitable observation that as and when such an application is made the same be considered by the concerned Court in accordance with law and on its own merits, without, in any way, being influenced by the present order.
3. In view of the above, the present application is dismissed as withdrawn with the above liberty. It is observed that as and when any application for discharge is submitted by the applicants the concerned Magistrate to consider the same in accordance with law and on its own merits, without, in any way, being influenced by the present order. Rule is discharged. Ad-interim relief granted earlier stands vacated forthwith.
(M.R.
SHAH, J.) siji Top