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CR.RA/377/1991 5/ 5 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
REVISION APPLICATION No. 377 of 1991
with
CRIMINAL
MISC. APPLICATION No. 1473 of 1994
For
Approval and Signature:
HONOURABLE
MR.JUSTICE J.R.VORA
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1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To be
referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
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ODHAVJI
GOVINDJIBHAI MISTRI
Versus
MANGALBHAI
FATABHAI PARMAR & ANR
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Appearance
:
MR
AJ PATEL for Applicant
NOTICE UNSERVED
for Respondent No.3
MR ASHOK PATEL FOR MR JD AJMERA for
Respondents No.1, 2, 4
MR SS PATEL APP for Respondent
No.5
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CORAM
:
HONOURABLE
MR.JUSTICE J.R.VORA
Date
: 06/10/2006
ORAL
JUDGMENT
This
Criminal Revision Application is preferred against the judgment and
order passed by the learned Chief Judicial Magistrate, Nadiad on
15th January, 1991 in Criminal Case No.4052/1983 whereby
the accused i.e. the present respondents came to be discharged from
the said Criminal Case for the offences punishable under Sections
427, 406, 465 and 114 of the Indian Penal Code.
Odhavji
Govindjibhai Mistri, present applicant ? original complainant of
the said Criminal Case preferred this Criminal Revision Application
against the above said judgment and order discharging the
respondents as accused and, thereafter, it appears that Odhavji
Govindjibhai Mistri died during pendency of the Criminal Revision
Application and Criminal Misc. Application No.1473/1994 in Criminal
Revision Application No.377/1991 came to be filed by legal heirs of
deceased Odhavji Govindjibhai Mistri, applicant herein to join
applicants of Criminal Misc. Application No.1473/1994 as
applicants/petitioners in place of deceased Odhavji Govindjibhai
Mistri.
This
matter was many time adjourned and in all thirteen times was
adjourned. Today even, learned advocate for the applicant in
Criminal Misc. Application No.1473/1994 is not present, while
learned advocate Mr.Ashok Patel for learned advocate Mr.J.D.Ajmera
for the respondents No.1, 2 and 4 is present and learned APP
Mr.S.S.Patel for the respondent No.5 is present.
Learned
advocate Mr.Ashok Patel for the respondents No.1, 2 and 4 places on
record one xerox copy of the compromise pursis entered into between
the parties in one Special Civil Suit No.38/1994 whereby the
applicants of Criminal Misc. Application No.1473/1994 and legal
heirs of original complainant – Odhavji Govindjibhai Mistri and
respondents of the present Criminal Revision Application reached to
a compromise in respect of dispute between them and vide para-6 of
the said compromise pursis, it was agreed between the parties that
the legal heirs of deceased Odhavji Govindjibhai Mistri shall
withdraw the present Criminal Revision Application as well as
Criminal Misc. Application No.1473/1994 filed by the legal heirs of
deceased Odhavji Govindjibhai Mistri. That compromise is recorded
by the concerned Court and directed to draw a decree in terms of the
said compromise.
In
above view of the matter as well as when none appears on behalf of
the applicants in Criminal Misc. Application No.1473/1994, both
these matters are required to be dismissed.
In
the result, the present Criminal Revision Application as well as
Criminal Misc. Application No.1473/1994 both stand dismissed. Rule
is discharged. Interim relief, if any, granted by this Court stands
vacated.
[J.
R. VORA,J.]
(vijay)
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