MAUSAM CHANDULAL SONI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. Jitendra Malkan, learned Senior counsel assisted by Ms. DP Malkan, learned advocate for the applicants.

(2.) Present petition is filed by the applicants for release of the muddamal. Pursuant to offence registered as CR No. 87 of 2003 under Sec. 395 , 397 of IPC with Bhachau Police Station, the Investigating Officer during the course of investigation, seized the gold ornaments and at the conclusion of the investigation, chargesheet had been filed. The case was committed to the Sessions Court and vide order dtd. 10/6/2004 passed in Sessions Case No. 4 of 2004, the learned Additional Sessions Judge, Gandhidham acquitted the accused Abdul @ Hingorji. The learned Sessions Judge while acquitting the accused, did not decide the issue of muddamal because some of the accused were absconding. Since 2004, the absconded accused still at the run and Investigation Officer is unable to proceed further against them.

(3.) The applicants are the legal heirs of deceased Chandulal Motilal Soni, who was original complainant of the case.