1. Present petition under section 482 of the Code of Criminal Procedure has been preferred by the petitioner
- original accused to quash and set aside the impugned First Information Report being CR No.II-3064 of 2011 registered with Sola High Court Police Station for the offence punishable under section 323 of Indian Penal Code and under section 33(C) of Bombay Money Lenders Act.
2. In view of the fact that now after the investigation, Chargesheet has been filed against the applicant, Mr.Raval, learned advocate appearing on behalf of the petitioner seeks permission to withdraw the present petition, however has requested to reserve the liberty in favour of the petitioner to submit appropriate application for discharge before the concerned Magistrate and it is requested to make suitable observations that as and when such a discharge application is made, the same be considered in accordance with law and on merits, without in any way being influenced by the withdrawal of the present petition.
3. In view of the above, present petition is dismissed as withdrawn. As and when such an application for discharge is made by the petitioner before the concerned Magistrate, the same be considered in accordance with law and on merits, without in any way being influenced by withdrawal of the present petition. Rule is discharged. Ad-interim relief granted earlier stands vacated forthwith.
[M.R.
SHAH, J.] rafik Top