(1.) Present Criminal Miscellaneous Application under Section 482 of the Code of Criminal Procedure has been preferred by the petitioner-original accused no.1-Kanubhai Gulabsinh Parmar to quash the criminal prosecution alleged against the petitioner vide Criminal Case of 1 of 2000, pending in the Court of learned JMFC, Surat arising out of the FIR being CR-I- No. 30 of 2000 registered with the Halvad Police Station for the offences punishable under Sections 464, 465, 467, 468, 471, 420, 406 and 114 of IPC and Sections 3, 7 and 9(1) of Essential Commodities Act and Control Order and other Act of 1985.
(2.) At the outset, Shri Mangukiya, learned advocate for the petitioner seeks permission to withdraw the present application as the applicant propose to submit an appropriate before the learned Magistrate for discharge. In view of the above, without further expressing anything on merits in favour of either parties, present application is dismissed as withdrawn with above liberty. If no charge is framed against the petitioner and any application is submitted by the petitioner within a period of four weeks from today for discharge before the competent Court having jurisdiction, same be considered in accordance with law and on merits at the earliest and concerned Magistrate to decide and dispose of the said application within a period of six months from the date of filing of such application.
(3.) With this, present application is dismissed as withdrawn. Rule is discharged. Ad-interim relief granted earlier stands vacated forthwith.