1. The present Criminal Misc.Application u/s.482 of the Code of Criminal Procedure has been preferred by the applicants herein – original accused Nos.1 to 7 to quash and set aside the impugned FIR being C.R.No.I-95 of 2008 registered with Icchapor Police Station, Surat as well as the proceedings arising out of Criminal Case No.22371 of 2009 pending in the Court of learned Chief Judicial Magistrate, Surat.
2. After the matter was argued for sometime, Mr.B.S.Patel, learned advocate appearing on behalf of the applicants herein seeks permission to withdraw the present application with a liberty in favour of the applicants herein to file discharge application before the concerned Magistrate. However, he has requested that with respect to FIR filed against the applicants herein being C.R.No.I-95 of 2008 after the investigation, the Investigating Officer has submitted “B” summary report with prosecution, which is still pending before the concerned Magistrate for its consideration and for which the applicants have submitted protest application as well as application for further investigation u/s.174 of the Code of Criminal Procedure and, therefore, it is requested that discharge application that may be submitted by the applicants herein be heard by the same Magistrate before whom “B” Summary report with prosecution is pending for its consideration and decision on the said “B” Summary report with prosecution be passed prior to discharge application that may be submitted by the applicants herein.
3. Mr.A.D.Shah, learned advocate appearing on behalf of respondent No.2 herein - original complainant has submitted he has no objection if the discharge application that may be submitted by the applicants herein be considered by the same Magistrate before whom “B” Summary report with prosecution is pending and the same is decided prior to discharge application that may be submitted by the applicants. However, he has requested to direct the Magistrate to take decision on the “B” Summary report with prosecution, at the earliest and within stipulated time.
4. In view of the above, the present Criminal Misc.Application is dismissed as not pressed with above liberty. It will be open for the applicants herein to submit an appropriate application for discharge before the concerned Magistrate, which shall be considered in accordance with law and on merits.
5. With the consent of the learned advocates appearing on behalf of the respective parties and even otherwise it is in the fitness of things that to direct the learned Magistrate that discharge application that may be submitted by the applicants be considered by the same Magistrate before whom “B” Summary report with prosecution is pending and, therefore, it is hereby directed that discharge application that may be submitted by the applicants herein shall be considered and dealt with by the same Magistrate before whom “B” Summary report with prosecution is pending. It is also further directed that the concerned Magistrate shall take an appropriate decision on “B” Summary report with prosecution submitted by the Investigating Officer with respect to FIR being C.R.No.I-95 of 2008 registered with Icchapor Police Station, Surat at the earliest but not later than six months from the date of receipt of copy of the present order. It is further directed that thereafter and/or simultaneously discharge application that may be submitted by the applicants herein with respect to the impugned FIR be considered by the concerned Magistrate in accordance with law and on merits. Rule is discharged. Ad-interim relief granted earlier, if any, stands vacated forthwith.
[M.R.SHAH,J] *dipti