1. The present Special Criminal Application under Articles 226 and 227 of the Constitution of India has been preferred by the petitioners to quash and set aside the impugned order dated 12/08/2011 passed by the learned Judicial Magistrate First Class, Municipal Court, Surat below application, Exh. 84 in Prevention of Food Adulteration Case No. 11/2010.
2. In view of the earlier order passed by this Court in Criminal Miscellaneous Application No. 11131/2010 reserving the liberty in favour of the petitioners to take all the defenses, which the petitioners would have, under the law at the time of trial and to lead the evidence as observed by the learned Single Judge in the said decision, Shri B.S. Patel, learned advocate appearing on behalf of the petitioners seeks permission to withdraw the present petition, however, has requested to make suitable observation that all the defenses, which might be available to the petitioners, under the law are kept open, which be considered by the learned trial Court at the time of trial.
3. In view of the above, the present petition is dismissed as not pressed with the above liberty. It goes without saying that whatever the defenses, which might be available to the petitioners, under the law are bound to be considered by the learned trial Court at the time of trial. Rule is discharged. Ad-interim relief granted earlier, if any, stands vacated forthwith.
(M.R. SHAH, J.) siji