- (1.) THE present Criminal Miscellaneous Application under Section 482 of the Code of Criminal Procedure has been preferred by the applicants -original accused to quash and set aside the impugned Criminal Case No. 15280/2002 filed by respondent no. 2 herein in the Court of the learned Metropolitan Magistrate, Court No. 6, Ahmedabad and the order of issuance of summons dated 02/09/2003 passed by the learned Magistrate in the aforesaid Criminal Case.
(2.) AFTER making some submissions, Shri Dipak Dave, learned advocate appearing on behalf of the applicant does not press the present application, however, has requested to make a suitable observation that all the defenses, which are available to the applicants, inclusive of the contentions on behalf of the applicants, that Central Government is not an appropriate authority under the provisions of the Payment of Gratuity Act, be kept open.
(3.) IN view of the above, the present Criminal Miscellaneous Application is hereby dismissed as not pressed without expressing anything on merits in favour of either parties. All the contentions/defenses, available to the applicants, inclusive of the contentions on behalf of the applicants, that the Central Government is not an appropriate authority, are kept open, which be considered by the learned trial Court at the time of trial, if the Criminal Case is still pending. Rule is discharged. Ad -interim relief granted earlier, if any, stands vacated forthwith. Registry is directed to send the writ of this order to the learned Metropolitan Magistrate and the learned Magistrate to proceed further with the trial at the earliest. Application dismissed.;