It is submitted by Mr.K.P.Raval, learned Additional Public Prosecutor for the respondent no.1-State that, in the instant matter, the charge-sheet is filed against applicant no.1 and so far as applicant nos. 2 and 3 are concerned, against them, no charge-sheet is filed and even their names are not reflecting in Column No.2 of the charge-sheet.
In above view of the matter, at present, no cause survives qua the applicant nos. 2 and 3 for quashing of F.I.R. prayed in this matter.
So far as applicant no.1 is concerned, against whom the charge-sheet is filed, Mr.Dagli, learned advocate for the applicant, upon instruction, states that he does not press this application qua the applicant no.1 against whom the charge-sheet is filed reserving his liberty to apply for discharge before the Trial Court.
Mr.Panchal, learned advocate for the respondent no.2 states that, in the instant matter, in the F.I.R., names of 83 persons are shown as accused but, the charge-sheet came to be filed only qua two accused persons viz. Girish Prabhuram Thakkar and Mahesh Desai. He, therefore, seeks permission to take appropriate action before the Trial Court in this matter.
In above view of the matter, the instant application stands disposed of qua the applicant nos.2 and 3, since, at present, the cause does not survive qua them and this application also stands disposed of qua the applicant no.1 reserving his liberty to apply before the Trial Court for discharge and the Trial Court shall decide the said application independently in accordance with law, as merits are not examined in this matter. The liberty of the respondent no.2 is also reserved to take appropriate steps before the Trial Court in accordance with law. Direct service is permitted.
(J.C.UPADHYAYA,J.) Girish Top