IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CRIMINAL APPLICATION No 1052 of 2003 For Approval and Signature: HON'BLE MR.JUSTICE A.L.DAVE ============================================================ 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? -------------------------------------------------------------- DILIPBHAI BANKA THRO' HIS WIFE MANJULABEN D BANKA Versus STATE OF GUJARAT -------------------------------------------------------------- Appearance: 1. Special Criminal Application No. 1052 of 2003 PARTY-IN-PERSON for Petitioner No. 1 MR MUKESH PATEL, APP for Respondent No. 1 .......... for Respondent No. 2-4 -------------------------------------------------------------- CORAM : HON'BLE MR.JUSTICE A.L.DAVE Date of decision: 28/11/2003 ORAL JUDGEMENT Learned APP Mr.Patel states that a decision is taken by the Government of not releasing a prisoner as per the proposal in exercise of the powers under Section 433-A of the Criminal Procedure Code and it has been communicated to the Jail Authority for onward communication to the prisoner. He places on record a xerox copy of the communication in question. In light of the above fact situation, this application would not survive. In fact, the decision appears to have been taken prior to filing of this application. The application, therefore, must fails and is rejected. Rule discharged. (A.L.Dave,J) (pathan)