-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL WRIT PETITION NO. 631 OF 2007 (Kum. Harvinder Kaur d/o Kulwant Singh & Ors. vs. State of Maharashtra & Ors. ) ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram appearances, Court's orders or Directions Court's or Judge's Orders. And Registrar's Orders. ----------------------------------------------------------------------------------------------------------------------------------- Shri D.M. Kale, APP for respondents No.1 to 3. Shri A.S. Mardikar, Advocate for respondents No. 4 & 5. ...... CORAM : K.J. ROHEE & B.P.DHARMADHIKARI, JJ. JUNE 30, 2008. 1. Shri Renu, the learned counsel for the petitioners is absent. We have heard Shri Kale, learned APP for respondents No. 1 to 3 and Shri Mardikar, learned counsel for respondents No. 4 & 5. 2. Petitioner No.1 was the prosecutrix and petitioner Nos. 2 & 3 are her parents. Respondents No. 4 & 5 were prosecuted for kidnapping petitioner No.1 and committing gang rape on her. They were tried in Sessions Trial bearing No. 325 of 2005 before the 4th Ad-hoc Additional Sessions Judge, Nagpur. Since the petitioners remained absent though served, the trial Court initially issued bailable and thereafter non bailable warrants against them. Thereafter Shri Renu, Advocate appeared for them. However, on -2- 19.3.2008, when the matter was called out, neither the petitioners nor their advocate were present before the Court and therefore the Court closed the case, examined Respondents No. 4 & 5 under Section 313 of Criminal Procedure Code and proceeded to deliver the judgment on 23.4.2008 acquitting Respondents No. 4 & 5 of the charges. 3. In the meantime, in November 2007, the petitioners have moved this petition making several allegations not only against Respondents No. 4 & 5 but also against the police machinery praying for staying the Sessions trial. As several office objections were not removed by the petitioners the matter remained unattended for quite some time and as mentioned above, in the meantime, the Sessions trial came to be decided. 4. In view of these developments, nothing survives in the present petition. In fact because of the closure of the Sessions trial, the present petition has become infructuous. The same is, therefore, dismissed. JUDGE JUDGE *GS