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CR.MA/88/1993 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
ORDER
BELOW OFFICE SUBMISSION
IN
CRIMINAL
MISC.APPLICATION No. 88 of 1993
=============================================
KAMUBEN
N KATARA - Applicant(s)
Versus
STATE
OF GUJ - Respondent(s)
=============================================
Appearance :
MR
SH SANJANWALA for Applicant(s) : 1,
MR KARTIK PANDYA APP for
Respondent(s) : 1,
=============================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 30/04/2010
ORAL
ORDER
Heard
Mr.S.H.Sanjanwala, learned advocate for the applicant and Mr.Kartik
Pandya for respondent-State of Gujarat. None present for the private
respondents.
Criminal
Misc. Application No.88 of 1993 was filed in the year 1993 and
thereafter Criminal Misc. Application No.3838 of 1994 was filed for
stay of further proceedings. So far as Criminal Misc. Application
No.3838 of 1994 is concerned, the original record is available with
the office, but record of Criminal Misc. Application No.88 of 1993 is
not traceable in spite of all possible efforts made by the office.
The
following note was submitted by Assistant Registrar of Criminal
Department dated 22.04.2010:
“This is
in connection to the Per Court Chit issued by the Hon’ble Court for
placing the Cri. Misc. Application No.88 of 1993 on Board on
26.04.2010.
In this regard,
it is respectfully submitted to the Hon’ble Court that we have put in
our all efforts to trace out the said matter, but the matter is not
traceable till date. Further it is submitted that on verification we
have found out that the connected matter being Cri. Misc. Appln.
No.3838/1994 filed for Stay in the main matter i.e. Cri. Misc. Appln.
No.88/93 wherein the then Hon’ble Court (Coram : H.H.Mehta, J.) vide
its order dtd.06.10.2000 (Flag `A’) had called for an explanation for
not placing the main matter. In compliance to the Hon’ble Court’s
order, a submission (Flag `B’) alongwith xerox copy of the Cri. Misc.
Appln. No.88/93 (Flag `C’) had been put up to the Hon’ble Court by
the Office on 12.10.2000 stating that the Cri. Misc. Appln. No.88/93
is not traceable. The same is put up for Your Lordship’s perusal.
In this
connection it is further respectfully submitted that from the
Register, following order is found to have been passed by the then
Honourable Court (Coram : A.N.Divecha, J.) on 19/1/93:
“Leave to
amend in terms of the draft amendment and leave to add the original
complainant as a party respondent”
This is
therefore placed before the Hon’ble Court for passing necessary
orders.”
Learned
advocate for the applicant submits that he is ready to supply a set
of Criminal Misc. Application No.88 of 1993 to the Registry and the
same may be taken on record and necessary order be passed for
reconstruction of the record of the above case.
In
view of the above and considering the fact that connected matter
being Criminal Misc. Application No.3838 of 1994 is available and
earlier application being Criminal Misc. Application No.88 of 1993 is
not available as per the office note dated 22.04.2010 and the case is
of 1993, I deem it just and proper to direct the learned advocate for
the applicant to supply a set of papers of Criminal Misc. Application
No.88/93 available with him to the Registry within two weeks from
today and the same be taken on record and case papers be
reconstructed accordingly.
[Anant
S. Dave, J.]
*pvv
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