1. The present Criminal Misc.Application u/s.482 of the Code of Criminal Procedure has been preferred by the applicants herein - original accused to quash and set aside the charge-sheet No.112 of 2001 arising out of FIR being C.R.No.I-662 of 2000 registered with Satellite Police Station, Ahmedabad as well as impugned proceedings being Criminal Case No.2092 of 2001 pending in the Court of learned Metropolitan Magistrate, Mirzapur, Ahmedabad arising out of the aforesaid FIR.
2. Mr.Maulik Shah, learned advocate appearing on behalf of the applicants has stated at the bar that so far as applicant No.1 is concerned, he has expired on 24/06/2011. He has produced on record xerox copy of Death Certificate of applicant No.1- Sharadkumar Raghvendra Rao, which is directed to be taken on record. Therefore, it is submitted that so far as applicant No.1 is concerned, the present application has become abated. Under the circumstances, the present application is required to be dismissed as having become abated so far as applicant No.1 herein is concerned.
3. Now, so far as the applicant No.2 is concerned, after the mater was argued for sometimes, the learned advocate appearing on behalf of the applicant No.2 seeks permission to withdraw the present application.
4. Permission as prayed for is granted. Present application is dismissed as having been abated so far as the applicant No.1 - Sharadkumar Raghvendra Rao is concerned and present application is dismissed as withdrawn so far as applicant No.2 is concerned. Rule is discharged. Interim relief granted earlier stands vacated forthwith. The learned trial court to proceed further with the trial in accordance with law.
[M.R.SHAH,J] *dipti Top