By way of present revision application the applicant has prayed to quash and set aside the order dated 06th March, 2012 passed below application Exhibit 1 by the learned 23rd Metropolitan Magistrate, Ahmedabad.
Heard Mr.B.R. Gupta, learned counsel for the applicant and Mr.H.L. Jani, learned Additional Public Prosecutor appearing for respondent-State.
Mr.Gupta, learned counsel for the applicant, states that applicant's bank account is freeze by the Bank on the request made by the Investigating Officer. He has contended that funds lying in the said account belongs to the applicant only and not of any other person. He, therefore, contended that funds lying in the said account be handed over to the applicant.
I have also heard Mr.Jani, learned Additional Public Prosecutor, Mr.B.N. Chavda, Investigating Officer and also perused papers produced before me. Mr.Chavda states that he has taken over the charge before a week only. He has contended that warrant under Section 70 is issued against the accused and he will try to find out whereabouts of the accused even from the Passport Authority and Airport Authority also.
Investigating Officer is directed to inquire about the absconder-accused within three months. He shall also contact the Passport Authority as well as Airport Authority to cooperate him in the matter.
In view of above direction, Mr.Gupta, learned counsel for the applicant, seeks permission to withdraw the present application with liberty to file fresh application after three months before this Court to obtain status of the investigation.
Permission as prayed for is granted. The revision application stands disposed of as withdrawn accordingly with liberty to applicant to file fresh application after three months before this Court to obtain status of the investigation. Notice is discharged.
(Z.
K. Saiyed, J) Anup Top