Ambalal Virabhai Parmar vs The State Of Gujarat
2023 Latest Caselaw 5691 Guj

                                                                                 NEUTRAL CITATION




    R/CR.RA/719/2006                               ORDER DATED: 04/08/2023

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           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/CRIMINAL REVISION APPLICATION NO. 719 of 2006
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                          AMBALAL VIRABHAI PARMAR
                                   Versus
                       THE STATE OF GUJARAT & 4 other(s)
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Appearance:
UNSERVED EXPIRED (N) for the Applicant(s) No. 1
MR ASHISH M DAGLI(2203) for the Respondent(s) No. 2,3,4,5
MR. PRANAV TRIVEDI, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MS. JUSTICE S.V. PINTO
                   Date : 04/08/2023
                    ORAL ORDER

The present revision application has been filed by the claimant -original complainant being aggrieved and dissatisfied by the judgment and order passed by the Principle Sessions Judge, Mahesana in Sessions Case No. 36 of 2006 on 11 th October, 2006.

The facts of the present revision application are that the petitioner had filed a complaint under Sections 498(a), 302 and 114 of the Indian Penal Code, 1860 ( the "IPC") against the respondent Nos. 2 to 5 original accused. The respondent Nos. 2 to 5 were arrested and were in judicial custody for the said offence. That the charge sheet was filed and Sessions Case No. 36 of 2006 was tried by the Principle Sessions Judge, Mahesana and after recording the entire evidence of the prosecution, learned Principle Sessions Judge, Mahesana by an order dated 11 th October, 2006 gave benefit of doubt to all accused persons and released them from the offences.

NEUTRAL CITATION

R/CR.RA/719/2006 ORDER DATED: 04/08/2023

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The original complainant challenged the judgment and order of acquittal passed by the learned Principle Sessions Judge, Mahesana and the matter has been proceeded on many adjournment. That the petitioner did not remain present and notice was issued to the complainant/petitioner but the same returned unserved as the petitioner has expired on 28 th August, 2021 and a statement of his son Pinakin Ambalal Parmar has been recorded by ASI Bharatkumar Jayantilal, Amraiwadi Police Station, who has also stated that his father Ambalal Parmar expired on 28 th August, 2021.

In view of the above, the appeal stands abated and is disposed of accordingly.

(S. V. PINTO,J) VVM