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CR.MA/12309/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12309 of 2010
In
CRIMINAL
APPEAL No. 693 of 2007
With
CRIMINAL
APPEAL No. 693 of 2007
=========================================================
AKBAR
RASULBHAI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
THROUGH
JAIL for
Applicant(s) : 1,
MS ML SHAH, APP for Respondent(s) : 1,
None
for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 01/12/2010
ORAL
ORDER
At
one stage, it was noticed that one young girl and a middle-aged
gentleman claiming to be victim girl and her father had appeared
before the Court personally. It was however, found that these persons
were impostors and real victim and her father were not presented
before the Court. Before deciding whether prosecution should be
launched or not, police inquiry was called for. These detailed orders
are already part of the record, not necessary to repeat all the
details contained in these orders presently. Pursuant to such order,
in-charge circle police inspector of Patan recorded statements of
various witnesses and submitted his reported dated 29.8.2008. It
appears that persons posing themselves to be victim and father are
not traceable. However, role of learned advocate appearing for the
appellant original accused also simultaneously came under scrutiny.
Without elaborating on the issue, I am of the opinion that learned
advocate did not acquit herself with any credit in her alleged role.
She however, has tendered unconditional apology by filing affidavit
dated 30.11.2010. Represented by learned senior advocate Shri Y.N.
Oza, she conveyed to the Court that in future she will not give any
cause of complaint. Counsel submitted that lenient view be taken and
chapter may be closed at-least so far as advocate is concerned.
It
is extremely unfortunate and painful that a practising advocate
should be involved in controversy of this nature. The police report
is quite damaging. However, I am of the opinion that pardon and
another chance would be the right option than institution of
proceedings either criminal or for misconduct before the Bar Council
and punishment.
When
the police has not been able to trace out real culprits, I see no
reason to proceed further by launching prosecution in the present
case. This issue shall therefore, be treated as closed.
Criminal
Appeal No. 693/2007 be placed for hearing on 22.12.2010 in the second
half.
In
view of order passed above, Criminal Misc. Application No.12309/2010
received through jail from the appellant stands disposed of.
(Akil
Kureshi,J.)
(raghu)
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