Mr.KD Shah, learned advocate for applicants No.1 to 35 states that in this matter, before the trial Court, part of the evidence is recorded and the matter has become part- heard. He further submits that the applicants, who are original accused and respondent No.2, who is original complainant are ready to co-operate the trial Court for speedy disposal of this matter. He, therefore, at this stage, seeks permission to withdraw this application, reserving the liberty of the applicants to move this Court in future, in case of any difficulty, and further requests that the trial Court may be directed to dispose the part-heard matter pending before it, within a time that may be fixed by this Court.
Ms.Shilpa Shah, learned advocate for respondent No.2 - original complainant states that even the evidence of the complainant - respondent No.2 is recorded and he did not support the prosecution case and the complainant will see that he will duly co-operate the trial Court in effective progress of this case.
In above view of the matter, this application, at this stage, stands disposed of as withdrawn, reserving the liberty of both the sides to move this Court in future, in case of any difficulty and the trial Court is directed to dispose of Special (Atrocity) Case No.46 of 2008 in accordance with law, as expeditiously as possible, but not later than one month from the date of communication of this order to the trial Court. It is hereby made clear that no merits are examined in this matter. D.S permitted.
(J.C.UPADHYAYA, J.) (binoy) Top