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CR.A/1194/1997 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
APPEAL No. 1194 of 1997
=========================================
STATE
OF GUJARAT - Appellant(s)
Versus
BACHANSINH
FATESINH NEGI - Opponent(s)
=========================================
Appearance :
MR
HL JANI, LD. ADDL. PUBLIC PROSECUTOR
for Appellant(s) :
1,
NOTICE SERVED for Opponent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 17/02/2011
ORAL
ORDER
The
appellant-State has preferred the present appeal under Section 378
of the Code of Criminal Procedure, 1973 against the Judgment and
Order of acquittal dated 30th September 1997 passed by
the learned Judicial Magistrate First Class, Gandhinagar, in
Criminal Case No.6595 of 1989, by which the learned Magistrate was
pleased to acquit the present respondent of the charges levelled
against him.
Heard
Mr.H.L. Jani, learned Additional Public Prosecutor appearing for the
appellant-State. He has contended that the sole respondent has
expired on 01st March 2010. He has also contended that
Mr.Sudarshan Negi, son of the present respondent-Bachansinh Fatesinh
Negi, wrote a letter to the Registrar General, High Court of
Gujarat, intimating death of his father.
I
have perused the papers as well as submission advanced by Mr.Jani.
It appears from the letter of Mr.Sudarshan Negi that the sole
respondent has expired on 01st March 2010. Mr.Negi has
also annexed copy of Death Certificate of his father i.e. Bachansinh
Fatesinh Negi. Hence, in view of death of the sole respondent,
present appeal stands disposed of as abated.
(Z.
K. Saiyed, J)
Anup
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