State Of Gujarat vs Shridhar Viraiya Guntuka

Citation : 2025 Latest Caselaw 6468 Guj
Judgement Date : 10 September, 2025

Gujarat High Court

State Of Gujarat vs Shridhar Viraiya Guntuka on 10 September, 2025

Author: Umesh A. Trivedi
Bench: Umesh A. Trivedi
                                                                                                     NEUTRAL CITATION




                              R/CR.A/602/2008                         ORDER DATED: 10/09/2025

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                             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                  R/CRIMINAL APPEAL NO. 602 of 2008
                       ======================================
                                              STATE OF GUJARAT
                                                    Versus
                                        SHRIDHAR VIRAIYA GUNTUKA
                       ======================================
                       Appearance:
                       MR BHARGAV PANDYA, ADDITIONAL PUBLIC PROSECUTOR for
                       the Appellant(s) No. 1
                       RULE UNSERVED for the Opponent(s)/Respondent(s) No. 1
                       ======================================
                        CORAM:HONOURABLE MR. JUSTICE UMESH A. TRIVEDI
                                              Date : 10/09/2025
                                                ORAL ORDER

1. This is an Appeal filed by the State under Section 378 of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal recorded by the learned Sessions Judge, Surat dated 04.08.2007 in Sessions Case No.24 of 2007 whereby the learned Judge has acquitted the sole respondent - accused for the offences punishable under Sections 498A, 323, 504, 506(2) and 306 of the Indian Penal Code.

2. Endorsement on the cause list shows that rule is unserved to the sole respondent. However, the Investigating Officer of the concerned Police Station was directed to inquire about the whereabouts of the sole respondent - accused. Pursuant thereto, Police Inspector, Limbayat Police station, Surat City addressed a report alongwith xerox copy of the death certificate of the sole respondent and the xerox copy of Aadhar Card of the person, who produced the same and Page 1 of 2 Uploaded by SIJI THOMAS(HC00174) on Wed Sep 10 2025 Downloaded on : Thu Sep 11 01:41:15 IST 2025 NEUTRAL CITATION R/CR.A/602/2008 ORDER DATED: 10/09/2025 undefined submitted that the sole respondent - accused has died, to the office of the Government Pleader.

3. Considering the report, it appears that statement of Chandrashekhar Appaiah Nakka came to be recorded wherein he disclosed that the sole respondent, who happens to be his brother-in-law, has died in his native place at village Gurthur, Mandal Thorrur, District Mahabubabad, Telangana. Copy of the statement is also annexed with the report. It appears that Chandrashekhar Appaiah Nakka, brother-in-law of the deceased - accused is staying at Surat itself since long. As per his statement, sole respondent - accused died in a road accident at village Matedu near his native place on 10.08.2018. He produced the copy of the death certificate issued on 19.09.2018 where the date of death appears to be 10.08.2018. The said death is registered on 13.08.2018 with the Panchayat Secretary of Village Gurthur. The report alongwith the copy of the death certificate and the copy of the Aadhar Card of Chandrashekhar Appaiah Nakka - brother-in- law of the sole respondent - accused is ordered to be taken on record.

4. In view of the death of the sole respondent - accused, this appeal is abated. Hence, this Appeal stands disposed of. The appellant is at liberty to move this Court in case of any difficulty.

(UMESH A. TRIVEDI, J.) siji Page 2 of 2 Uploaded by SIJI THOMAS(HC00174) on Wed Sep 10 2025 Downloaded on : Thu Sep 11 01:41:15 IST 2025