BAKALI OSMAN ADAM Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Advocate Shri Abhaykumar P. Shah for the applicant, learned APP Ms. M.D. Mehta for the respondent No.1 - State and learned Advocate Shri J.V. Japee for the respondent Nos.3.1 to 3.3.

(2.) By way of this application under Article 227 of the Constitution of India and Section 482 of the Code of Criminal Procedure, the applicant challenges the judgment and order passed by the learned 7th Additional Sessions Judge, Bhuj - Kachchh in Criminal Revision Application No.70 of 2011 dated 31.12.2012 preferred by the predecessors of the respondent Nos.3.1 to 3.3, whereby the order passed by the learned Judicial Magistrate First Class, Naliya, in Criminal Misc. Application No.40 of 2010 dated 21.11.2011 was set aside.

(3.) It is the case of the applicant herein that the applicant had preferred Criminal Misc. Application No.40 of 2010 before the learned Judicial Magistrate First Class, Naliya, inter alia praying that his grandfather late Shri Taiyab Adam Bakali residing at Vizan, Ta. Abdasa, Dist. Kachchh may be declared as having been expired on 26.11.1975. Learned Magistrate had considered the statement of the applicant himself as well as Talati of the said village who had stated that the date of death of grandfather of the applicant had not been registered and further considering various documents, learned Magistrate vide order dated 21.11.2011 had declared the date of death of Taiyab Adam Bakali, grandfather of the applicant as on 26.11.1975.