State Of Gujarat vs Kanchanbhai Bhanabhai Tadvi
2021 Latest Caselaw 15933 Guj

     R/CR.A/1659/2018                            ORDER DATED: 08/10/2021



      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        R/CRIMINAL APPEAL NO. 1659 of 2018
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                STATE OF GUJARAT
                      Versus
           KANCHANBHAI BHANABHAI TADVI
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Appearance:
MS. C.M.SHAH, APP (2) for the Appellant(s) No. 1
MR. BHAUMIK DHOLARIYA(7009) for the Opponent(s)/Respondent(s) No.
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 CORAM:HONOURABLE MR. JUSTICE UMESH A. TRIVEDI

                           Date : 08/10/2021

                             ORAL ORDER

1. This appeal is filed challenging the judgment and order of acquittal recorded by the 03 rd (Ad-hoc) Additional Sessions and Special (ACB) Judge, Rajula in Special (ACB) Case No.22 of 2011 (Old No.20 of 2005), dated 03.07.2018, acquitting the respondent - accused herein for an offence under Sections 7, 12 and 13(1)(d) of the Prevention of Corruption Act, 1988.

2. Mr. Bhaumik Dholariya, learned advocate for respondent

- accused has, vide communication dated 04.10.2021 addressed to the Registrar General, produced an affidavit along with certificate of Primary Health Center, Kadachhala, issued by Medical Officer, Primary Health Center, Kadachhala, Taluka - Bodeli, District - Chhotaudepur, stating therein that sole respondent - accused viz. Kanchanbhai Bhanabhai Tadvi has tested of Covid-19. The son of the sole respondent - accused has also filed an affidavit. The wife and son both have claimed that respondent - accused has died on 08.05.2021 because of Covid-19.

R/CR.A/1659/2018 ORDER DATED: 08/10/2021

3. At any rate, death of the sole respondent - accused, is also verified through Police Sub Inspector, Bodeli Police Station where the respondent - accused was residing and it is found to be correct. Very same certificates, which are annexed with the affidavit of the wife of the respondent - accused, is also collected by the Police Sub Inspector and it has been reported that the death has occurred, as claimed by the learned advocate for the respondent - accused.

4. The affidavit tendered along with note to the registry dated 04.10.2021 by the learned advocate for the respondent - accused along with all annexures and report of the police authority verifying the death are taken on record.

5. In view of Section 394 of the Code of Criminal Procedure, 1973, this acquittal appeal abates on the death of sole respondent - accused and accordingly, the application stands disposed of as abated.

(UMESH A. TRIVEDI, J) Lalji Desai