State Of Gujarat vs Hirabhai Kanjibhai Parmar
2023 Latest Caselaw 7997 Guj

                                                                                  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

NEUTRAL CITATION

R/CR.A/874/1998 ORDER DATED: 01/11/2023

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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