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CR.MA/128/2010 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 128 of 2010
In
CRIMINAL
REVISION APPLICATION No. 792 of 2009
With
CRIMINAL
REVISION APPLICATION No. 792 of 2009
=======================================================
STATE
OF GUJARAT - Applicant(s)
Versus
J
K OILS & ALLIEDS (MANUFACTURING FIRM) & 1 - Respondent(s)
=======================================================
Appearance :
MR RC KODEKAR APP
for Applicant(s) : 1,
None for Respondent(s) : 1 -
2.
=======================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 12/01/2010
ORAL
ORDER
Criminal
Misc. Application has been filed for condonation of delay of 39 days
caused in filing Criminal Revision Application. Criminal Revision
Application is directed against the order dated 10.08.2009 passed by
the Learned 2nd Additional Senior Civil Judge &
Judicial Magistrate, First Class, Dahod in Criminal Case
No.2256/1995. By the impugned order, the Learned Judge was pleased to
drop the proceeding against the original accused nos.4 and 5 and
permitted further proceeding against rest of the accused. Learned
Judge adopted the said cause since neither the summons nor the
process could be served on the said accused since years. It has come
on record that summons could not be served since the accused-firm has
been closed down and whereabouts of the accused no.5 are not
available. The complaint pertains to Prevention of Food Adulteration
Act and case is of 1995 and 15 years have been passed without the
service of summons on two accused.
Though
Learned A.P.P. is correct in pointing out that the Court could have
separated the trial against rest of the accused, in facts of the
present case and considering the nature of allegations in the
complaint, no useful purpose would be in entertaining this Revision
Application.
Criminal
Misc. Application for condonation of delay and Criminal Revision
Application are dismissed.
(AKIL
KURESHI,J.)
/patil
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