IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC. APPLICATION No 7727 of 2003 For Approval and Signature: HON'BLE MR.JUSTICE A.M.KAPADIA ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the concerned : NO Magistrate/Magistrates,Judge/Judges,Tribunal/Tribunals? -------------------------------------------------------------- RAHULGIRI JAYANTIGIRI GONSAI Versus STATE OF GUJARAT -------------------------------------------------------------- Appearance: 1. Criminal Misc.Application No. 7727 of 2003 MR MM TIRMIZI for Petitioner No. 1-3 MS. MITA PANCHAL APP for Respondent No. 1 MR MB GOHIL for Respondent No. 2 -------------------------------------------------------------- CORAM : HON'BLE MR.JUSTICE A.M.KAPADIA Date of decision: 08/07/2004 ORAL JUDGEMENT Ms. M.M. Tirmizi, learned advocate of the petitioners, seeks leave to withdraw the petition reserving liberty to raise all the contentions which the petitioners have raised in this petition before the learned Chief Judicial Magistrate, Bhavnagar in whose Court Criminal Case No.3224 of 2003 is awaited for trial. Ms. Mita Panchal, learned APP for respondent No.1 - State and Mr. MB Gohil, learned advocate of respondent No.2 have no objection if leave to withdraw the petition reserving liberty as prayed for is granted. Hence, leave to withdraw the petition is granted. Rule is discharged. Interim relief granted earlier shall stand vacated. It would be open to the petitioners to raise all the contentions which they have raised in this petition before the learned Chief Judicial Magistrate, Bhavnagar, in whose court Criminal Case No.3224 of 2003 is awaited for trial. If such contentions are raised, the learned Chief Judicial Magistrate shall dealt with them in accordance with law. (A.M. Kapadia, J.) --- (karan)