1. The present Criminal Miscellaneous Application under Section 482 of the Code of Criminal Procedure has been preferred by the applicant-original accused to quash and set aside the impugned FIR, being C.R. No. I 90/2011 registered with Bhabhar Police Station, District Banaskantha lodged by respondent no. 2-original complainant under Sections 394, 354 and 506(2) of the Indian Penal Code and under Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989.
2. Today, when the present application is taken up for final hearing, Shri L.B. Dabhi, learned APP, under instructions from the concerned Investigating Officer, has stated at the bar that the investigation is already concluded and it has been found during the investigation that respondent no. 2-original complainant is in a habit of filing such frivolous Complaint under the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989 etc. He has also stated at the bar that so far as the present case is concerned, after the investigation it is found that no case is made out against the applicant and, therefore, appropriate report shall be submitted before the concerned Magistrate.
3. In view of the above, Shri Nangesh, learned advocate appearing on behalf of the applicant does not press the present application at this stage. Concerned Investigating Officer to act as stated hereinabove. As and when such report is submitted, the concerned Court to consider the same in accordance with law and on its own merits after following the due procedure as required. Rule is discharged. Ad-interim relief granted earlier, if any, stands vacated forthwith.
(M.R. SHAH, J.) siji