IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION No 4083 of 1999 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? -------------------------------------------------------------- M/S MOHANLAL DAHYABHAI & SONS Versus STATE OF GUJARAT -------------------------------------------------------------- Appearance: 1. Criminal Misc.Application No. 4083 of 1999 MR BP GUPTA for Petitioner No. 1-3 MS. NANDINI JOSHI APP for Respondent No. 1 MR KB ANANDJIWALA for Respondent No. 2 -------------------------------------------------------------- CORAM : HON'BLE MR.JUSTICE A.M.KAPADIA Date of decision: 05/09/2003 ORAL JUDGEMENT Mr. B.P. Gupta, learned advocate for the petitioners, states that the Investigating Officer who is investigating Inquiry Case No.42 of 1999 has submitted 'C' summary report to the concerned Magistrate. He, therefore, seeks leave to withdraw the petition. Ms. Nandini Joshi, learned APP who is appearing on behalf of respondent No.1 - State and Mr. KB Anandjiwala, learned advocate who is appearing on behalf of the respondent No.2, have no objection if leave to withdraw the petition as prayed for is granted. Hence, leave to withdraw the petition is granted. The petition stands rejected as it is withdrawn. It would be open for the concerned Magistrate to decide the report submitted by the Investigating Officer after hearing the original complainant, i.e., respondent No.2 in accordance with law. As the matter is very old, the learned Magistrate is directed to expedite the matter. Rule is discharged. Ad-interim relief granted earlier which was modified subsequently shall stand vacated. (A.M. Kapadia, J.) --- (karan)