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CR.MA/14870/2007 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14870 of 2007
=========================================================
TAHIR
MEHBOOBBHAI SHAIKH & 1 - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MRS
SHILPA R SHAH for Applicants.
MS ARCHANA RAVAL, LD.ADDL.PUBLIC
PROSECUTOR for Respondent(s) : 1,
MR MB GANDHI for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE C.K.BUCH
Date
: 14/08/2008
ORAL
ORDER
At
the initiation of oral submissions of Mrs.Shilpa R. Shah, learned
counsel appearing for the applicants, Ms.Archana Raval, learned
Additional Public Prosecutor, has intervened and submitted that the
police has decided to submit ‘B’ summary before the Court. The
investigation is over and the ‘B’ summary with prosecution is asked
for. So practically no case now survives and the applicants may
withdraw this application.
Mrs.Shilpa
Shah submits that the applicants in the background of the
submissions made by the learned Additional Public Prosecutor, may be
permitted to withdraw this application with appropriate liberty to
approach this Court again.
In
view of aforesaid, the request for withdrawal is accepted. The
applicant is permitted to withdraw this application at this stage.
Hence, the present application stands disposed of as withdrawn at
this stage with a liberty to the applicant to approach this Court
afresh on same or similar grounds in case if the learned Magistrate
decides not to accept the said ‘B’ summary report as prayed for or
if he orders further investigation under Section 173(8) of the Code
of Criminal Procedure, 1973; and the applicant can pray for quashing
of the entire proceedings, including the complaint. Notice is
discharged.
(C.K.
Buch, J)
Aakar
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