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SCR.A/2121/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 2121 of 2010
======================================
SATISHBHAI
BHURAJI MISTRY
Versus
STATE
OF GUJARAT & ORS
======================================
Appearance :
SHIVANI
RAJPUROHIT for Applicant
PUBLIC PROSECUTOR for Respondent No.
1
NOTICE SERVED for Respondent No.2
MR MC BAROT for Respondent
No. 3
MR TEJAS M BAROT for Respondent No. 3
NOTICE UNSERVED for
Respondent No. 4
======================================
CORAM
:
HONOURABLE
MR.JUSTICE A.M.KAPADIA
and
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 07/12/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.M.KAPADIA)
1 Today
when the matter is called out, Mr. Shivani Rajpurohit, learned
Advocate for the petitioner, Mr. L.B. Dabhi, learned Advocate for the
respondent No.1 – State of Gujarat as well as Mr. Tejas Barot,
learned Advocate for the respondent No.3, have elected not to
remain present before the Court. It is reported by the Bench
Secretary that the Advocates of this Court are abstained from work
today on account of call issued by the Gujarat High Court Bar
Association on the basis of the Resolution passed by it, to the
effect that, all the Advocates of this Court should abstain from
work today.
2 Mr.
Mahesh R. Gupta, Police Inspector, Satellite Police Station,
Ahmedabad, who is personally present before this Court, states that
he has investigated the case and tried to find out the corpus –
Muljibhai Bhuraji Mistry and during the course of investigation, it
is found that, the corpus Muljibhai Bhuraji Mistry has expired on
4.7.2004 and it was a natural death. He further states that the
corpus Muljibhai Bhuraji Mistry died at his village Mahavar, Taluka
& District Badmer, Rajasthan. He has also brought the Death
Certificate. As per the said Death Certificate, the name of corpus
Muljibhai Bhuraji Mistry is mentioned as “Mularam Buraram”
who has died on 4.7.2004 at village Mahavar, Taluka & District
Badmer. He has collected the Death Certificate as well as recorded
the statements of his real brothers and his relatives.
4 Since
the Advocates of this Court are abstained from work today, in the
interest of justice, the matter is adjourned to 8.12.2010.
5 We,
therefore, direct Mr. Mahesh R. Gupta, Police Inspector,
Satellite Police Station, Ahmedabad, shall remain personally present
before the Court tomorrow i.e. 8.12.2010 and shall also file an
affidavit in support of the aforesaid documents.
(A.M.KAPADIA,
J.)
(B.N.MEHTA,
J.)
pnnair
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