1.0 Present Criminal Miscellaneous Application under Section 482 of the Code of Criminal Procedure has been preferred by the applicant herein original accused to quash and set aside the FIR being CRNoI 12 of 2005 registered with Savli Police Station, Vadodara filed by respondent no.2 herein as well as charge sheet filed against petitioner arising out of the aforesaid FIR.
2.0 In view of the fact that applicant has been charge sheeted and the applicant has a remedy available by way of submitting an appropriate application for discharge before the concerned Magistrate, Shri Dhaval Dave, learned Senior Advocate for the applicant seeks permission to withdraw the present application. However, has requested to make suitable observation that as and when such an application is made, same be considered by the learned Magistrate in accordance with law and on merits without in any way being influenced by withdrawal of the present application. In view of the above, present Criminal Miscellaneous Application is dismissed as withdrawn with above liberty. As and when, any application is made by the applicant for discharge, the same be considered by the concerned Court/ Magistrate in accordance with law and without in any way being influenced by the withdrawal of the present application as well as on its own merits as this Court has not expressed anything on merits in favour of either parties. Rule is discharged. Adinterim relief granted earlier stands vacated forthwith.
kaushik sd/ (M.R.SHAH,J.)