PARESHBHAI G PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioners original accused have filed this petition under Section 482 of the Code of Criminal Procedure praying for quashing and setting aside the proceedings of Criminal Case No. 89 of 1999 pending in the Court of learned Judicial Magistrate First Class, Rajkot and the impugned order dated 16. 03. 1999 passed therein.

(2.) NOTICE was issued by this Court on 23. 04. 1999 and interim relief was granted in terms of para 7 (B) whereby the proceedings in Criminal Case No. 89 of 1999 and the effect, execution and implementation of the impugned order dated 16. 03. 1999 passed by the learned Judicial Magistrate First Class, Rajkot were stayed.

(3.) SUBSEQUENTLY, the learned advocate who appears on behalf of the petitioners was elevated as Judge of this Court and hence, fresh notice was issued on the petitioners on 30. 09. 1999. Notice was duly served on the petitioners. Despite service of notice, nobody appears till this date. It is also important to note here that notice was duly served on the respondent No. 2 i. e. original complainant and despite service of notice, he never filed his appearance before this Court.