B.A Umesh Reddy vs State Of Gujarat
2023 Latest Caselaw 7178 Guj

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     R/CR.RA/224/2014                             ORDER DATED: 29/09/2023

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            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL REVISION APPLICATION (AGAINST ORDER PASSED BY
             SUBORDINATE COURT) NO. 224 of 2014

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                             B.A UMESH REDDY
                                   Versus
                        STATE OF GUJARAT & 2 other(s)
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Appearance:
THROUGH JAIL for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
MR. MANAN MEHTA, LD. ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI

                              Date : 29/09/2023

                                ORAL ORDER

1. On 11th August, 2023, this Court passed the following order;

"1. Applicant-revisionist Shri B.A. Umesh Reddy has preferred the present revision application through jail. At the time of preferring the present application, the revisionist was in judicial custody at Belgaon. An application was filed by the revisionist before the trial court for discharge him from the offences registered against him before the jurisdictional court at Vadodara, which ultimately at the end of the investigation, culminated into the charge-sheet. After submissions of the charge-sheet, those cases were placed before the court of learned 3rd Addl. Senior Civil Judge & Addl. Chief Judicial Magistrate, Vadodara for adjudication.

2. The revisionist has preferred the said discharge application before the concerned court in the Criminal Case No.1056 of 1998 which was registered under Section 224 of the IPC and after considering all the materials available on record, the learned trial judge

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R/CR.RA/224/2014 ORDER DATED: 29/09/2023

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thought it fit that Section 224 of the IPC is the summons triable offence and, therefore, the discharge application under Section 227 of the Cr.P.C. cannot be preferred and thereby rejected the said application.

3. Being aggrieved by the said judgment and order passed by the learned 3rd Addl. Senior Civil Judge and Addl. Chief Judicial Magistrate, Vadodara, the present revision application is preferred through jail wherein almost the same grounds have been raised.

4. As the revisionist was in the custody at the time of preferring the application and the offence is summons triable, there are all possible chances that the revisionist might have completed his period of sentence. As the present revision application is preferred through jail and necessary documents have not been annexed along with the revision application, therefore, with a sole intention to know the actual status of the matter, Record & Proceedings is required to be called for. Hence, Office is directed to call for the Record & Proceedings so as to reach this Court on or before 05.09.2023. The matter is kept on 08.09.2023. "

2. Pursuant to the aforesaid order passed by this Court, the concerned Trial Court has sent the Record & Proceedings. It is found out from the record that total three criminal cases have been registered against the present revisionist which I deem it proper to extract herein below in the tabular form;

Name of the Accused C.R. No. C.C. No. Offence B.A. Umesh Reddy 08/1998 1522 /1998 394 and 34 of IPC B.A. Umesh Reddy I-61/1998 1521/1998 394 and 34 of IPC B.A. Umesh Reddy 107/1998 1506/1998 224 and 511 of IPC

3. It is found out from the record that present revisionist has preferred the revision application through jail, and at the time of preferring the revision application, he was in judicial custody

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at Belgaon. It is also found out from the record that the present revisionist is involved in total three offences which were pending before the Trial Court at Vadodara and the present revisionist has preferred discharge application through jail before the concerned court. The said discharge application has been rejected by the concerned Trial Court. Therefore, being aggrieved and dissatisfied with the said order passed by the Trial Court, he has preferred the present application in the form of letter through jail which was converted into revision application. As only one letter is written by the revisionist, narrating the facts of all the three cases, this Court deems it fit to call for the Record & Proceedings of all the three cases from the concerned Trial Court. This Court has verified the Record & Proceedings and, prima facie, it is found out that in all the three cases, the discharge application was preferred by the revisionist through jail. The said applications were dismissed by the concerned court and, thereafter, the Trial Court has proceeded with recording of the evidence. The record itself shows and suggests that in all the three cases, evidence was recorded by the concerned court and out of the three cases, in two cases, judgment and order has already been pronounced by the concerned court whereas in the third case, evidence was concluded by the prosecuting agency and the matter is kept for making submissions on the part of the respective parties.

4. The record also shows that video-conference link was sent to the accused, but it could not have been established and, therefore, matter is at the stage of making submissions

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by the parties. In short, the Record & Proceedings of all the above three cases clearly goes on to show that after rejection of the discharge application, the applicant-revisionist has not produced copy of any order of stay obtained from the higher forum directing the court not to proceed further in the matter, and in absence of any explicit order, the Trial Court was proceeded further and in all the cases, evidence was led, and out of three cases, in two cases, matter has already been reached to its logical end. Therefore, the present application has become infructuous by passage of time.

5. Learned APP Mr. Manan Mehta who appears on behalf of the respondent-State has submitted that he has verified the record and proceedings and found that two cases have already been disposed of whereas in the third case, matter is kept pending for the purpose of making submissions by the respective parties. Learned APP Mr. Mehta has further submitted that he has specifically inquired as regards the whereabouts of the accused because at the time of preferring the present revision application, the applicant-revisionist was in jail at Belgaon, and upon such inquiry being made, he has come to know that the present revisionist is not in jail and he has been released from the jail.

6. Considering the above stated factual aspect as well as totality of material on record, I am of the opinion that as the cause espoused before this Court is at all not in existence and the prayers sought for in the present revision application has become infructuous by passage of time, I deem it fit to disposed of the present revision application as having become

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infructuous. Rule is discharged. Record & Proceedings be sent back to the concerned Trial Court forthwith.

(DIVYESH A. JOSHI,J)

VAHID