(1.) The appellant-accused has filed this Criminal Misc. Application under Section 438 of the Criminal Procedure Code, 1973, claiming relief in terms of Para 12(A) as under:
(2.) Mr. Ashish M. Dagli, learned advocate for the Applicant has submitted that there is no specific allegation against the present Applicant. It is submitted that there is a delay in loding the FIR by 12 days. The applicant will be available during the course of investigation and will not flee from justice. Learned Advocate therefore requested to allow the present Application.
(3.) Mr. H.K. Patel, learned APP for the respondent State submitted that looking to the facts and circumstances of the case, just and appropriate order is required to be passed.