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CR.MA/14752/2006 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14752 of 2006
======================================
M/S.
J.R. CONSTRUCTION & 1 - Applicants
Versus
STATE
OF GUJARAT & 1 - Respondents
======================================
Appearance :
MR
BS PATEL for the Applicants.
MR LB DABHI, APP for Respondent
No.1.
MR ASHISH M DAGLI for Respondent
No.2.
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CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 19/10/2011
ORAL
ORDER
1. By
way of this application under Section 482 of the Code of Criminal
Procedure, the applicants – original accused have prayed to
quash and set aside the impugned Criminal Case No.5166 of 2004
pending in the Court of learned Judicial Magistrate, First Class,
Vadodara.
2. Considering
the fact that the trial has already begun, Mr.B.S.Patel, learned
advocate appearing on behalf of the applicants seeks permission to
withdraw the present application with a liberty to raise all the
contentions and defences, which are available to the applicants
before the learned Trial Court.
3. Under
the circumstances, the present application is dismissed as withdrawn
with above liberty. All the contentions and defences, which are
available to the respective parties are kept open, which shall be
considered by the learned Trial Court in accordance with law and on
merits. Rule is discharged. Ad-interim relief, if any, stands vacated
forthwith.
[M.R.SHAH,J]
*dipti
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