1. The present petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure has been preferred by the applicant herein – original accused to quash and set aside the impugned FIR being C.R.No.I-15 of 2003 registered with DCB Police Station, Surat as well as charge-sheet filed pursuant to the said FIR and consequently to quash and set aside the criminal proceedings arising out of the aforesaid FIR.
2. Today when the present petition is taken up for final hearing, Mr.L.B.Dabhi, learned Additional Public Prosecutor, under the instruction from the Naresh Balubhai Chauhan, Head Constable, Surat, B.K.No.1325, has stated at the bar that a supplementary charge-sheet was filed against the petitioner by the concerned Investigating Officer on 19/4/2006 and the case was committed to the learned Sessions Court, Surat and the case was numbered as Sessions Case No.138 of 2006 and thereafter, the applicant has been acquitted by the learned 2nd Additional Sessions Judge, Surat Mr.V.K.Shah vide judgement and order dated 06/06/2009.
3. In view of the above subsequent development, the present petition has become infructuous. Hence, the present petition is dismissed as having become infructuous. Rule is discharged. Ad-interim relief, if any, stands vacated forthwith.
[M.R.SHAH,J] *dipti