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CR.MA/2433/1986 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 2433 of 1986
=========================================================
PATEL
ISHWARBHAI HIRABHAI & 17 - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
PRAKASH K JANI for
Applicant(s) : 1 - 18.
MR HL JANI, APP for Respondent(s) : 1,
DS
AFF.NOT FILED (N) for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE R.P.DHOLAKIA
Date
: 04/07/2008
ORAL
ORDER
The
respondent-original complainant, had filed Criminal Case No.2257 of
1986 in the Court of learned J.M.F.C., Kheralu, against the present
petitioners numbering 18 under Sec.499 of IP Code wherein process
was issued.
Being
aggrieved with the said complaint, this petition has been filed by
the petitioner under Sec.482 of the Code of Criminal Procedure for
quashing of the said complaint mainly on the grounds that prior to
filing of the criminal case, original complainant had initiated
Civil Suit No.78 of 1985 against the petitioners naming them as
defendants for the same cause of action and that as a pressure
tactics, present complaint has been filed.
As
back as on 14-11-1986, this Court issued rule. Much thereafter in
the month of January, 2008, this matter has been placed in this
Court for disposal on merits.
On
verifying the averments made in the petition and other aspects of
the matter, this Court felt that the complainant is a necessary
party and, therefore, before hearing the matter on merits, the
complainant should be joined as the party in this petition also and
process be served upon him also.
This
Court issued process to that effect. However, when it was tried to
be served upon the original complainant, it was found that original
complainant-Ishwarbhai Bechardas Patel died on 20th May,
1998 at Red Laxmipura, Tal. Kheralu, District Mehsana. In support of
that, the petitioners have produced true copy of the death
certificate today, which is ordered to be taken on record, and which
support the say of the petitioners. This shows that the complainant
died on 20th May, 1998 and said death has been registered
with the competent authority on 22-5-1998.
From
the above, it shows that though the complainant died in the year
1998, matter has not been taken further either by the heirs of the
complainant or by any other person claiming to be interested in the
matter and in the said circumstances, the complaint may not survive.
However,
I am not passing any order qua quashing of the complaint. I direct
the office to send copy of this order to the concerned Magistrate
for passing further appropriate order in the complaint in question.
With the above observation and direction, this petition stands
disposed of. Rule is discharged. Liberty to move in case of
difficulty.
(R.P.DHOLAKIA,J)
radhan/
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