Gujarat High Court
Mohammed Kasambhai Shekh & 4 vs State Of Gujarat & on 31 July, 2015
Author: R.D.Kothari
Bench: R.D.Kothari
R/CR.MA/12335/2010 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION NO. 12335 of 2010
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MOHAMMED KASAMBHAI SHEKH & 4....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MR PREMAL S RACHH, ADVOCATE for the Applicant(s) No. 1 5
MS SONAL D VYAS, ADVOCATE for the Respondent(s) No. 2
MR HL JANI APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE R.D.KOTHARI
Date : 31/07/2015
ORAL ORDER
1. At the time of hearing, learned advocate Ms. Sonal Vyas for respondent no. 2 - original complainant, upon instructions submits that the complainant has expired and the legal representatives are not interested in pursuing the complaint.
2. At the time of hearing, learned advocate Mr. Rachh for the applicants has drawn attention of the Court to the decision of the Apex Court in the case of Shri Balasaheb K. Thackeray & Anr., v. Shri Venkat @ Babru S/O Wamanrao rendered in Criminal Appeal No. 236 of 2006 dated 05.07.2006, wherein the Apex Court has passed an order referring to Section 302 of Code of Criminal Procedure, 1973. Section 302 deals with "Permission to conduct prosecution." It appears that in that case the Apex Court has granted permission and time to the advocate for the complainant to declare before that Court Page 1 of 2 R/CR.MA/12335/2010 ORDER whether they are interested in pursuing the proceedings or not. The learned advocate has also produced a copy of the said order from the site "Indian Kanoon - http://Indiankanoon.org.doc/1679908/.
3. In view of the above statement on instruction made by learned advocate for respondent no. 2 - original complainant, the present proceedings can be disposed of. In view of the above, the complainant and his grievance does not survive. Ends of justice require to quash the complaint. Accordingly, the complaint being Criminal Misc. Application No. 73 of 2006 pending before the learned JMFC, Chikhli and further proceedings are hereby quashed and set aside. Rule is made absolute to the above extent.
(R.D.KOTHARI, J.) /phalguni/ Page 2 of 2