1.0 Present Criminal Miscellaneous Application under Section 482 of the Code of Criminal Procedure has been preferred by the applicants original accused to quash and set aside the impugned FIR being CR.INo. 59 of 2011 registered with the Ghatlodiya Police Station for the offence punishable under Sections 498 A, 323 and 114 of the Indian Penal Code r/w Sections 3 & 7 of Dowry Prohibition Act.
2.0 After the matter was argued for some time and as the investigation is yet not concluded, Shri Patel, learned advocate for the applicants seeks permission to withdraw the present application. However, has requested to make suitable observations that before submitting any report/ charge sheet the investigating officer shall consider all the material on record collected during the course of investigation.
3.0 In view of the above and without expressing anything on merits in favour of either parties, present application is dismissed as withdrawn. It goes without saying that whatever material is collected by the Investigating Officer during the course of investigation, the Investigating Officer is bound to consider the same before submitting the report/ charge sheet. With this, present application is dismissed. Rule is discharged. Adinterim relief granted earlier stands vacated forthwith.
(M.R.SHAH,J.) kaushik