Mumtazbanu Alladmiya Malake vs State Of Gujarat
2024 Latest Caselaw 4978 Guj

Gujarat High Court

Mumtazbanu Alladmiya Malake vs State Of Gujarat on 19 June, 2024

Author: Umesh A. Trivedi

Bench: Umesh A. Trivedi

                                                                               NEUTRAL CITATION




      R/CR.A/1226/2014                           ORDER DATED: 19/06/2024

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           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

  R/CRIMINAL APPEAL (AGAINST ACQUITTAL) NO. 1226 of 2014

========================================================
               MUMTAZBANU ALLADMIYA MALAKE
                             Versus
                    STATE OF GUJARAT & ANR.
========================================================
Appearance:
MR. RADHESH Y VYAS(7060) for the Appellant(s) No. 1
BAILABLE WARRANT UNSERVED for the Opponent(s)/Respondent(s)
No. 2
MR. RONAK RAVAL, ADDL.PUBLIC PROSECUTOR for the Opponent(s)/
Respondent(s) No. 1
RULE NOT RECD BACK for the Opponent(s)/Respondent(s) No. 2
========================================================

 CORAM:HONOURABLE MR. JUSTICE UMESH A. TRIVEDI
       and
       HONOURABLE MR. JUSTICE CHEEKATI
       MANAVENDRANATH ROY

                           Date : 19/06/2024

                       ORAL ORDER

(PER : HONOURABLE MR. JUSTICE UMESH A. TRIVEDI)

[1] This Appeal is filed by the victim challenging the judgment and order of acquittal passed in favour of respondent No.2 - accused.

[2] However, endorsement on the cause-list in the remarks column shows that bailable warrant is unserved to respondent No.2 - accused, as expired.

[3] Report of process server forwarded by the 2nd Additional Sessions Judge & Special POCSO Judge, Kheda at Nadiad through the Principal Sessions Judge, Kheda at Nadiad, dated 10.05.2024, states that bailable warrant which was issued upon respondent No.2 -

NEUTRAL CITATION

R/CR.A/1226/2014 ORDER DATED: 19/06/2024

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Tanveer Hussain @ Tagdi Fateh Mohd. Sheikh, resident of Lakkad Tola, Taluka - Mahudha, District - Kheda, was returned unserved with the death certificate and the endorsement of the Mahudha Police Station, Kheda.

[4] Xerox copy of the death certificate is also annexed with the said Report. According to the said Report, Tanveer Hussain @ Tagdi Fateh Mohd. Sheikh has expired on 15.11.2022 at Civil Hospital, Ahmedabad. Therefore, death certificate is being issued by Ahmedabad Municipal Corporation, however his permanent address is shown to be Mahudha, District - Kheda.

[5] In view of the fact that sole respondent - accused has expired, this acquittal appeal preferred at the instance of the victim has been abated.

[6] In view thereof, this appeal stands disposed of.

(UMESH A. TRIVEDI, J.)

(CHEEKATI MANAVENDRANATH ROY, J.) Lalji Desai