R/CR.RA/654/2021 ORDER DATED: 17/01/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 654 of 2021
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VEDANT PAPER TUBE INC.
Versus
STATE OF GUJARAT
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Appearance:
SANKUL K KABRA(9304) for the Applicant(s) No. 1,2,3
for the Respondent(s) No. 2
MS DIVYANGNA JHALA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE UMESH A. TRIVEDI
Date : 17/01/2023
ORAL ORDER
Since the date of filing this petition, either it has been adjourned due to paucity of time or on repeated request made by the learned advocate representing the petitioners. On few occasions, it was adjourned on a sick-note being filed by the learned advocate for the petitioners.
On one of the occasion, though matter was called out thrice, learned advocate for the petitioners was not present, and therefore, the matter was adjourned. Today also, Mr. Sankul K. Kabra, learned advocate, who is present, submitted that because of non-response from the petitioners, he was to retire from the matter but he has yet not followed Page 1 of 2 Downloaded on : Tue Jan 17 21:07:49 IST 2023 R/CR.RA/654/2021 ORDER DATED: 17/01/2023 the procedure prescribed, and therefore, he has submitted that an appropriate order may be passed.
In absence of any assistance from the petitioners - accused as also the fact that they are neither in custody despite the dismissal of their appeal long back, i.e. on 17.08.2021, unless and until petitioners - accused surrender to the custody, this revision application filed by them challenging the judgment of conviction and order of sentence, which is already confirmed by the appellate Court, cannot be heard. Hence, it is rejected.
Trial Court is directed to see that Non-bailable warrant is not only issued, but it is served upon them.
(UMESH A. TRIVEDI, J.) Raj Page 2 of 2 Downloaded on : Tue Jan 17 21:07:49 IST 2023