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.I-292 of 2008 registered with Udhana Police Station for the offences punishable under sections 363, 365 and 114 of Indian Penal Code. It appears that subsequently, on the next day offence under sections 452, 342, 323, 120B and 34 of Indian Penal Code has been added.
2. After the matter was argued for sometime, Mr.Qureshi, 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 an appropriate application for discharge in case the petitioners are chargesheeted.
3. Permission as prayed for is granted. Present petition is dismissed as withdrawn. After the investigation, in case, the petitioners are chargesheeted and application for discharge is made by the petitioner herein, the same shall be decided in accordance with law and on merits. Rule is discharged. Interim relief granted earlier, if any, stands vacated forthwith.
[M.R. SHAH, J.] rafik