1.0 Present Criminal Miscellaneous Application under Section 482 of the Code of Criminal Procedure has been preferred by the applicantoriginal accused to quash and set aside the FIR being CRIINo.3075 of 2008 registered with Sola Police Station, Ahmedabad lodged by respondent no.2 hereinoriginal complainant for the offences under Sections 323, 294B, 506(A) of Indian Penal Code.
2.0 Today, when the present application is taken up for further hearing, Shri Dabhi, learned APP under the instructions from Mr. Madhusudan R. Sadhu, ASI, Sola Police Station has stated at the bar that after the investigation was concluded and having found prima facie case, the Investigating Officer has filed the charge sheet against the applicant on 13.7.2008.
3.0 Shri R.C. Jani, learned advocate for the applicant has stated that he has no further instructions in the matter thereafter.
4.0 In view of the above subsequent development, without further entering into the merits of the case and / or expressing anything on merits, present Criminal Miscellaneous Application is not entertained and is dismissed with a observation that it will be open for the applicant to submit an appropriate application for discharge before the concerned Magistrate (if still the applicant is aggrieved) and as and when such application is made, same be considered by the learned Magistrate / concerned Court in accordance with law and on its own merits. Rule is discharged. Ad interim relief, if any, stands vacated forthwith.
kaushik sd/ (M.R.SHAH, J.)