1. The present petition under Article 226 of the Constitution of India has been preferred by the petitioners herein – original accused to quash and set aside the impugned FIR being C.R.No.I-61 of 2010 registered with Palsana Police Station for the offences punishable under Section 366 of the Indian Penal Code as well as Section 3(1)(12) of The Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act,1989.
2. Today when the present petition is taken up for final hearing, Mr.L.B.Dabhi, learned Additional Public Prosecutor appearing on behalf of the State and Investigating Officer, under the instruction from the concerned Investigating Officer, has stated at the bar that after investigation is concluded, the Investigating Officer has submitted “C” Summary Report, which is pending for consideration before learned Magistrate.
3. In view of the above, Mr.Poojara, learned advocate appearing for Mr.Ashish Dagli, learned advocate appearing on behalf of the petitioners, seeks permission to withdraw the present petition.
4. In view of the above, the present petition is dismissed as withdrawn. Learned Magistrate/ concerned Court to consider “C” Summary Report in accordance with law and on merits and after following due procedure as required. Rule is discharged. Ad-interim relief, if any, stands vacated forthwith.
[M.R.SHAH,J] *dipti