CW 3280/02 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.3280/02 Bhim Sain Garg Versus State & Ors. DATE OF ORDER : 30/03/2009 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Rajendra Prasad, for petitioner Mr. S.N. Kumawat ] for respondents Mr. N.S. Chouhan ] *** Instant petition has been filed by late Shri Bhim Sain Garg assailing FIR No.58/02 dt.17th May, 2002 registered against him at Police Station, Bani Park, Jaipur. While issuing notice of the writ petition, this court passed interim order restraining the respondents from passing any order prejudicial to the interest of petitioner pending petition. Petitioner during pendency of proceedings died on 4th October, 2002. Application has been filed by son of Late Bhim Sain Garg for his substitution/transposition who submits that he is also co-accused in the impugned FIR seeking permission for his substitution in the instant petition. Application has been opposed by the respondents. Counsel further submits that even the present applicant, who is seeking permission for his CW 3280/02 [2] substitution/transposition, is also one of the co-accused in the impugned FIR and if this petition becomes infructuous that may cause prejudice to him also. Counsel for respondents submits that in criminal matter if one of the co-accused has questioned FIR, there cannot be question of substitution/transposition and if at all son of late petitioner was at all aggrieved by FIR impugned was always at liberty to assail, if so advised, but, substitution of its effect is not permissible. Petition was filed by late Garg who was one of the co-accused in the impugned FIR and once he died during pendency of proceedings, no substitution/transposition of other co-accused is permissible under law. However, if the applicant seeking substitution/transposition if aggrieved by the FIR impugned herein, is always at liberty to avail remedy available under law. consequently, this petition on account of change in circumstances has become infructuous and accordingly, dismissed. [AJAY RASTOGI], J. FRBOHRA3280CW02 30-3.doc