Gujarat High Court
Balwant Babubhai Kahar vs State Of Gujarat & on 3 March, 2016
Author: A.J.Desai
Bench: A.J.Desai
R/CR.MA/4375/2010 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION NO. 4375 of 2010
==========================================================
BALWANT BABUBHAI KAHAR....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
==========================================================
Appearance:
(MR JB PARDIWALA), ADVOCATE for the Applicant(s) No. 1
UNSERVED-EXPIRED (N) for the Applicant(s) No. 1
MR KUNAL S SHAH, ADVOCATE for the Respondent(s) No. 2
MS MOXA THKKAR, APP for the Respondent(s) No. 1
==========================================================
CORAM: HONOURABLE MR.JUSTICE A.J.DESAI
Date : 03/03/2016
ORAL ORDER
1. By way of present application under Section 482 of the Code of Criminal Procedure, the applicant-original accused made following prayers:
"A) The Hon'ble Court may be pleased to quash the F.I.R. being C.R.No.I-171 of 2010 registered with DCB Police Station, Surat for the offences punishable under Sections 452, 323, 504, 506(2), 143, 147, 148, 149 and 188 of the Indian Penal Code;
B) Pending admission and/or final disposal of this application, further investigation with respect to the offence registered at DCB Police Station, Surat vide C.R.No.I-71 of 2010 be stayed so far as the accused-applicant is concerned.
Page 1 of 3
HC-NIC Page 1 of 3 Created On Sat Mar 05 02:29:56 IST 2016 R/CR.MA/4375/2010 ORDER C) pass such orders as thought fit in the interest of justice."
2. The Co-ordinate Bench of this Court while issuing notice on 04.05.2010 granted ad-interim relief in terms of para 15(B). At this stage the rule was issued by oral order dated 21.06.2010 by the coordinate bench of this Court and interim relief granted earlier by order dated 04.05.2010 was continued by the coordinate bench till further orders.
3. The matter was listed for further hearing on 22.09.2015 before this Court. Since the learned advocate for the applicant of the present application was elevated to the Bench of this Court, the office was directed to issue notice to the applicant-accused.
3.1 Learned Additional Sessions Judge, Surat by his communication dated 05.12.2015 along with the report received from the Head Constable of Athwalines Police Station, Surat, submitted that the applicant-accused had died on 20.12.2010. The said communication dated 05.12.2015 is accompanied by death certificate of the applicant-accused as well as statement of nephew of the deceased.
4. Considering the above aspect and the fact that the applicant-accused has died during the pendency of the present application, no further orders are required to be passed. Hence, the present application is disposed of. Rule is discharged. Ad-interim relief granted earlier is hereby vacated.
Page 2 of 3 HC-NIC Page 2 of 3 Created On Sat Mar 05 02:29:56 IST 2016 R/CR.MA/4375/2010 ORDER (A.J.DESAI, J.) Ashish Tripathi Page 3 of 3 HC-NIC Page 3 of 3 Created On Sat Mar 05 02:29:56 IST 2016