KISHORBHAI K DABHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) AN affidavit dated 29th November, 2007 is filed on behalf of respondent No.2 by one Shri M.I. Parmar, Police Sub Inspector, Sabarmati Police Station, Ahmedabad, wherein it is stated that the petitioner herein was asked to remain present at the police station at 9:00 o'clock in the morning on 28th November, 2007 for registration of the First Information Report. Since, the petitioner did not turn up till 11:15, the petitioner was again contacted on his mobile phone and was asked as to why he has not come to the police station for the registration of the First Information Report. Pursuant to the same, the petitioner informed the Police Station Officer that since his relative has expired at Bhavnagar, he has left for Bhavnagar and he further informed that he would come for registration of complaint as soon as he returns from the Bhavnagar. It is further stated that as and when the petitioner comes to the police station, the police authority will register his complaint as FIR.

(2.) MR . Laxmanbhai Amar, learned advocate for the petitioners states that in view of the aforesaid averments made in the affidavit -in -reply filed on behalf of the respondent No.2, he does not press this petition and seeks permission to withdraw the same. Mr. M.R. Mengdey, learned Additional Public Prosecutor has no objection if the petition is permitted to be withdrawn.

(3.) PERMISSION , as prayed for is granted. The petition is disposed of as withdrawn.