PATEL NITINBHAI CHHAGANBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present application under Section 482 of the Criminal Procedure Code has been preferred by the applicants herein original accused to quash and set aside the impugned FIR being C.R.No.I-45 of 2010 registered with Dhanera Police Station, for the offences punishable under Sections 376, 506(2) and 114 of the Indian Penal Code. Shri N.D.Nanavati, learned Senior Counsel appears on behalf of the applicants.

(2.) AT the outset, learned counsel seeks permission to withdraw the present application qua present applicant No.1 original accused No.1 with liberty to file an appropriate application for discharge before the concerned Court, in case the applicant No.1 original accused No.1 is charge-sheeted after completion of investigation. Under the circumstances, present application is dismissed as withdrawn with liberty as above so far as original accused No.1 is concerned. In the circumstances, present application is required to be considered qua applicant Nos.2 to 5 original accused Nos.2 to 5.

(3.) SHRI L.B.Dabhi, learned APP appearing on behalf of the State is not in position to point out anything against the applicants at this stage for the offence punishable under Section 376 of the Indian Penal Code. However, he has submitted that as such there are necessary averments and allegations against the applicant Nos.2 to 5 herein for the offence punishable under Section 506(2) of the Indian Penal Code which are further required to be investigated by the concerned Investigating Officer.