1. The present Criminal Miscellaneous Application under Section 482 of the Code of Criminal Procedure has been preferred by the applicant-original accused to quash and set aside the impugned FIR, being C.R. No. II 3238/2009 registered with Morbi City Police Station, District Rajkot.
2. As during pendency of the present proceedings, investigation has been concluded and the chargesheet has been filed, Shri A.D. Oza, learned advocate appearing on behalf of the applicant seeks permission to withdraw the present application as the applicant proposes to submit an appropriate application for discharge before the concerned Magistrate, however, has requested to make suitable observation that as and when such an application is made the same be considered in accordance with law and on its own merits without, in any way, being influenced by the present order.
3. In view of the above, the present application is dismissed as withdrawn with the above liberty. As and when such an application for discharge is made, the same be considered by the concerned Magistrate and/or Court in accordance with law and on its own merits without, in any way, being influenced by withdrawal of the present application as this Court has not expressed any opinion on merits in favour of either parties. Rule is discharged. Ad-interim relief granted earlier, if any, stands vacated forthwith.
(M.R. SHAH, J.) siji