- (1.)By way of this petition under Sec. 482 of the Code of Criminal Procedure, a prayer is sought for to quash and set aside the impugned FIR being C.R. No. I-238 of 2015 registered before Gandhidham "A" Division Police Station, for the offences punishable under Ss. 406 , 420 , 417 , 465 , 467 and 468 of Indian Penal Code.
(2.)Having heard the learned advocates appearing for the respective parties and after arguing the matter for some time, Mr. Ashish M. Dagli, learned advocate appearing for the applicant, under the instructions seeks permission to withdraw the application since charge sheet has been framed in the main case and with a view to challenge the order of framing the charge sheet, he seeks permission to withdraw the present petition and has also made a request that this Court may not express any opinion on merits with regard to other contentions raised in the application. Learned advocate Mr. Dagli has further submitted that with a view to challenge the order of framing of the charge sheet, the documents which are attached to the present petition and the documents which may be submitted at the time of such challenge, the concerned court shall consider the same without being influenced by the present disposal of the petition.
(3.)To this request, there is no resistance by the learned advocate appearing for the respondents and as such, the Court is inclined to permit the petitioner to withdraw the petition with a liberty to challenge the said order of framing of charge sheet. It is made clear that this Court has not expressed any opinion on merits with regard to any of the submissions and it is independently open for the court concerned to deal with the same in accordance with law. It goes without saying that as and when such challenge is made, the concerned court would independently examine in accordance with law.