1.0 Present Criminal Miscellaneous Application has been preferred by the applicants to quash and set aside the impugned FIR being CRI No. 42 of 2010 registered with the B Division Police Station, Bharuch for the offence punishable under Sections 323, 504, 506(2) and 114 of the Indian Penal Code.
2.0 Shri M.M. Saiyed, learned advocate for the applicants has submitted that as such applicants have not committed any offence as alleged and therefore, it is requested to quash and set aside the impugned FIR. However, it is to be noted that during the pendency of the present proceedings the investigation has been concluded by the concerned Investigating Officer and applicants are already charge sheeted and the charge sheet has been submitted against the applicants before the concerned Magistrate. Therefore, as such the learned Magistrate will be in a better position to consider the role played by each accused persons after considering the material on record and therefore, the present petition is not considered further on merits and applicants are relegated to submit appropriate application before the learned Magistrate for discharge. In view of above and without further entering into the merits of the case, present application is dismissed relegating the applicants to submit appropriate application before the concerned Magistrate for discharge and as and when such any application for discharge is submitted, the learned Magistrate is directed to consider the same in accordance with law and on merits, for which this Court has not expressed anything in favour of either parties.. With this, present application is dismissed. Rule is discharged. Adinterim relief stands vacated forthwith.
kaushik sd/ (M.R.SHAH,J.)