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CR.MA/11560/2010 2/ 2 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11560 of 2010
For
Approval and Signature:
HONOURABLE
MR.JUSTICE M.R. SHAH
=========================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To be
referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================================
RAHUL
SHAW - HEAD OF SALES-SPORTS ZEE ENTERTAINMENT LTD. - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
DIPEN C SHAH for
Applicant(s) : 1,
MR JASWANT K SHAH ADDL.PUBLIC PROSECUTOR for
Respondent(s) : 1,
MR JC JANI for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 18/11/2010
ORAL JUDGMENT
RULE.
Mr.Jaswant K. Shah, learned Additional Public Prosecutor waives the
service of notice of rule on behalf of the respondent No.1 and
Mr.J.C. Shah, learned advocate waives the service of notice of rule
on behalf of the respondent No.2.
With
the consent of the learned advocate appearing on behalf of the
respective parties and in the facts and circumstances of the case,
present petition is taken up for final hearing today.
Present
petition has been preferred by the petitioner under sec.482 of the
Code of Criminal Procedure to quash and set aside the First
Information Report being CR No.I-116 of 2010 registered with
Vastrapur Police Station, Ahmedabad for the offences punishable
under sections 498(A) of Indian Penal Code and under sections 3 and
7 of Dowry Prohibition Act.
At
the outset, it is reported that during the pendency of the present
petition, investigation is over and now chargesheet is already filed
by the investigating officer before the competent Court.
In
view of the above, Mr.Dipen Shah, learned
advocate appearing on behalf of the petitioner seeks
permission to withdraw the present petition as the petitioner
proposes to approach the learned trial court for discharge under
sec.227 of the Code of Criminal Procedure.
In
view of the above, without expressing any opinion on merits, present
Criminal Misc.Application is dismissed as withdrawn. The petitioner
is permitted to file discharge application before the court below
under sec.227 of the Code of Criminal Procedure. As and when
such an application is filed, the same shall be considered, decided
and disposed of in accordance with law and on merits.
[M.R.
SHAH, J.]
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