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CR.A/494/2007 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
APPEAL No. 494 of 2007
=========================================================
THE
STATE OF GUJARAT - Appellant(s)
Versus
RAVISINH
BHUPATSINH - Opponent(s)
=========================================================
Appearance
:
MR.
DABHI, APP, for Appellant(s) : 1,
MR BHAVIN S RAIYANI for
Opponent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.M.KAPADIA
and
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 19/01/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.M.KAPADIA)
1. Challenge
in this appeal filed under Section 378(1)(3) of the Code of Criminal
Procedure, 1973, is the correctness of the judgement and order dated
3.1.2007 rendered in Special (A.C.B.) Case No. 20 of 1994 by learned
Special Judge, Amreli, by which the sole respondent-accused has been
acquitted of the offences under Section 13(1)(d) read with Section
13(2) of the Prevention of Corruption Act.
2. Mr.
Bhavin S. Raiyani, learned advocate for the sole respondent accused,
has filed a note dated 8.1.2011 before the Registrar of this Court
praying to list the above numbered Criminal Appeal on board in view
of the fact that the sole respondent-accused has expired on 4.7.2010.
He has also annexed Death Certificate of the sole respondent-accused.
3. Pursuant
thereto, the Registry has placed the above numbered Criminal Appeal
before us for passing appropriate orders.
4. At
the time of hearing of this appeal, Mr. Dabhi, learned APP, has
placed on record the communication dated 13.1.2011 sent by the Police
Inspector, Amreli, ACB Police Station, Amreli, addressed to the
Public Prosecutor of the High Court, Ahmedabad, along with statement
of Shailesh Ravisinh, son of the sole respondent-accused as well as
Death Certificate of the sole respondent-accused.
5. Upon
perusal of the Death Certificate issued by the Chief Officer, Amreli
Nagarpalika and the statement of Shailesh Ravisinh, son of the
respondent-accused, we have noticed that the sole respondent accused
has died on 4.7.2010.
6.
In view of this, the instant Criminal Appeal filed by the State of
Gujarat against the sole respondent-accused deserves to be abated.
7. Hence
the appeal stands abated.
(A.M.
KAPADIA, J)
(BANKIM
N. MEHTA, J)
(pkn)
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