IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CRIMINAL APPLICATION No 243 of 2004 For Approval and Signature: HON'BLE MR.JUSTICE A.M.KAPADIA ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the concerned : NO Magistrate/Magistrates,Judge/Judges,Tribunal/Tribunals? -------------------------------------------------------------- MR.ASHOK N ADVANI Versus STATE OF GUJARAT -------------------------------------------------------------- Appearance: 1. Special Criminal Application No. 243 of 2004 MR. K.J.SHETHNA with MR DAKSHESH MEHTA for Petitioner No. 1 MR. A.D.OZA, PP for Respondent No. 1 .......... for Respondent No. 2-3 MR SV RAJU for Respondent No. 4 -------------------------------------------------------------- CORAM : HON'BLE MR.JUSTICE A.M.KAPADIA Date of decision: 16/08/2004 ORAL JUDGEMENT Mr. K.J.Shethna, learned advocate of the petitioner, upon instructions received from the petitioner, seeks leave to withdraw the petition. Mr. A.D.Oza, learned PP appearing on behalf of respondent No.1 - State of Gujarat and Mr. S.V.Raju learned advocate of respondent No.4 - original complainant have no objection if leave as prayed for is granted. Hence, leave to withdraw the petition is granted. Petition stands rejected as it is withdrawn. Rule is discharged. (A.M.Kapadia,J) Jayanti* STARTORDER CR.A79297J IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL APPEAL No 792 of 1997 For Approval and Signature: HON'BLE MR.JUSTICE KSHITIJ R.VYAS and HON'BLE MR.JUSTICE AKSHAY H.MEHTA ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgement? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the concerned : NO Magistrate/Magistrates,Judge/Judges,Tribunal/Tribunals? -------------------------------------------------------------- STATE OF GUJARAT Versus PARBAT POLA KOLI -------------------------------------------------------------- Appearance: 1. Criminal Appeal No. 792 of 1997 MR KC SHAH, APP for Appellant UNSERVED-EXPIRED (N) for Respondent No. 1 -------------------------------------------------------------- CORAM : HON'BLE MR.JUSTICE KSHITIJ R.VYAS and HON'BLE MR.JUSTICE AKSHAY H.MEHTA Date of decision: 16/08/2004 ORAL JUDGEMENT (Per : HON'BLE MR.JUSTICE AKSHAY H.MEHTA) Mr.K.C.Shah, learned APP appearing for the appellant State of Gujarat states that the respondent of the present appeal has expired and hence the present appeal abates qua the dead respondent. In support of his submission, he drew our attention to the note addressed to the learned Sessions Judge, at Jamnagar, by the Police Sub Inspector, Jam Jophpur Police Station, Jamnagar dated 27.5.1998 wherein it has been stated that Parbat Pola Kali, resident of village Mahiki, has been murdered on 11th March 1998 and the offence in respect of the said incident has been registered at Mayavadar Police Station. He has further stated that the death has not been registered in the official register for noting down the birth and death. This fact, i.e. the death of deceased Parbat Pola Kali is not registered in the said register is confirmed by the Sub-Registrar, village Mahiki, by his certificate dated 23.6.1998. In view of the aforesaid facts, this appeal does not survive against the dead respondent and it abates, in accordance with the provisions of Section 394 of Cr.P.C. (Kshitij R.Vyas, J.) (Akshay H.Mehta, J.) Sreeram.