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Judgment
M.R. Shah, J.—Present Criminal Miscellaneous Application u/s 482 of the Code of Criminal Procedure has been preferred by the applicant - original accused No. 3 - Bhaveshbhai Nareshchandra Amin to quash and set aside the Criminal Inquiry Case No. 153/2010 pending before the Court of learned Metropolitan Magistrate, Ahmedabad as well as complaint/FIR being M. Case No. 2/2010 registered with DCB, Ahmedabad City.
Today, when the application is taken up for hearing, Shri Viral Shah, learned advocate appearing on behalf of the applicant has produced on record one additional affidavit affirmed by the applicant and relying upon some documents/report and upon telephonic instruction from Shri Tattvam K. Patel, learned advocate appearing on behalf of the applicant, he seeks permission to withdraw the present application unconditionally.
Without expressing any opinion on the merits of the case and/or even the report of the concerned investigating officer and without accepting the same, applicant is simply permitted to withdraw the present Criminal Miscellaneous Application. However, it is observed that if any report is submitted by the investigating officer before the concerned Magistrate, in that case, it is ultimately for the concerned Magistrate to consider the same in accordance with law and on merits and to consider whether the said report is to be accepted or not and even before accepting such report, opportunity is to be given to the complainant to lodge its objections against the said report and the learned Magistrate is bound to consider the same in accordance with law and on merits.
With this, present application is dismissed as withdrawn. Notice discharged. Ad-interim relief granted earlier stands vacated forthwith.
In view of the disposal of the main Criminal Miscellaneous Application No. 9635/2010, no order in Criminal Miscellaneous Application No. 13988/2010.