SONIA ASHOK HURRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present application has been preferred by the applicants original accused for extension of anticipatory bail granted by this Court earlier. Today when the application is taken up for final hearing, Ms. Trusha Patel, learned APP has produced on record one communication dated 24.06.2010 addressed by Senior Police Inspector, Navrangpura Police Station to the office of Public Prosecutor, Ahmedabad in which it has been mentioned that after the investigation, the NC Summary has been submitted by the concerned investigating Officer in the Court of Metropolitan Magistrate, Court No.3, Gheekanta, Ahmedabad and therefore, applicants are not to be arrested.

(2.) In view of the above statement, Shri Dagli, learned advocate appearing on behalf of the applicants seeks permission to withdraw the present application. At this stage, Shri D.J. Bhatt, learned advocate appearing on behalf of the original complainant has made a grievance that the investigation carried out by the investigating Officer is absolutely faulty and it has not been conducted in a fair and impartial manner. It will be open for the private complainant to initiate appropriate proceedings before appropriate Forum and/or submit his objections before the learned Magistrate before whom the N.C. Summary is filed and the same shall be considered in accordance with law and on merits, as this Court has not considered the case on merits and not expressed anything on merits with respect to the submission of N.C. Summary report of the investigating Officer.

(3.) However, so far as the present application is concerned, as stated herein above, learned advocate appearing on behalf of the petitioners seeks permission to withdraw the present application and therefore, the same is dismissed as withdrawn. Rule is discharged.