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Judgment
M.R. Shah, J.—Present petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure has been preferred by the Petitioners herein - original accused for an appropriate writ, direction or order to quash and set aside the impugned FIR being C.R. No. I-275/2004 registered with JP Road Police Station, Vadodara.
Shri K.P. Raval, learned Additional Public Prosecutor under the instruction from the concerned investigating officer has stated at the Bar that after investigation the investigating officer has suggested for ''B'' summary in the case and the same is send to the superior officer and thereafter it will be submitted before the concerned Magistrate, in case the same is approved by the superior officer.
In view of the above, Shri P.R. Nanavati, learned advocate appearing on behalf of the Petitioners does not press the present petition. As and when and in case any summary is submitted before the learned Magistrate, the same shall be considered by the learned Magistrate in accordance with law and on merits and he shall take an appropriate decision whether to accept the said report or not. In case the learned Magistrate proposes to accept the ''B'' summary report submitted by the concerned investigating officer, in that case, he is bound to issue notice upon the complainant and permit the complainant to submit the protest application which shall be considered by the learned Magistrate in accordance with law and on merits.
With this, present Special Criminal Application is disposed of at this stage. Interim relief stands vacated forthwith.