NEUTRAL CITATION
R/CR.A/874/1998 ORDER DATED: 01/11/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 874 of 1998
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STATE OF GUJARAT
Versus
HIRABHAI KANJIBHAI PARMAR
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Appearance:
MR HK PATEL, APP for the Appellant(s) No. 1
ADVOCATE NOTICE UNSERVED for the Opponent(s)/Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
and
HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN
Date : 01/11/2023
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE) The present appeal is filed by the State of Gujarat against judgment and order of acquittal dated 07.04.1998 passed by the 4th Additional Sessions Judge, Vadodara in Sessions Case No.290 of 1997. By the said judgment and order, the Sessions Court was pleased to acquit the respondent-accused for offence under Section 302 of the Indian Penal Code.
On 17.10.2023, when the matter was taken up, the Court recorded that learned Advocate Mr.Mrudul Barot was appearing as amicus in the matter. However, he had no contact with the respondent-accused. The Court, therefore, issued fresh notice to the respondent-accused and directed Chief Judicial Page 1 of 2 Downloaded on : Thu Nov 02 20:43:08 IST 2023 NEUTRAL CITATION R/CR.A/874/1998 ORDER DATED: 01/11/2023 undefined Magistrate, Vadodara to submit a report with regard to service of notice and also about status of the respondent-accused.
Today, when the matter is taken up, attention of the Court is drawn to the report submitted by the Chief Judicial Magistrate, Vadodara dated 25.10.2023, wherein it is stated that the respondent-accused had left the residence 20 years ago and went to reside at another area, where he has expired in 2020 during COVID-19 pandemic. The relatives of the respondent- accused are also not residing there and there is no information about whereabouts of the relatives and therefore, death certificate could not be procured.
In view of the aforesaid report of the Chief Judicial Magistrate, Vadodara, as the sole respondent-accused had expired, the appeal stands abated. Disposed of accordingly.
(A.Y. KOGJE, J) (RAJENDRA M. SAREEN,J) SHITOLE Page 2 of 2 Downloaded on : Thu Nov 02 20:43:08 IST 2023