PANKAJKUMAR PRANSHANKAR PANDYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PRESENT Criminal Miscellaneous Application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "CrPC") has been preferred by the applicants herein ­ original accused to quash and set aside the impugned complaint being Criminal Case No.734 of 1997 pending in the Court of learned Judicial Magistrate, First Class, Botad for the offences under the provisions of the Prevention of Food Adulteration Act, 1954.

(2.) AT the outset it is required to be noted that when the present Criminal Miscellaneous Application was taken up for final hearing, it is reported that the main complaint being Criminal Case No.734 of 1997 is already disposed of by the learned trial Court and therefore, as such the present Criminal Miscellaneous Application has become infructuous and therefore, the present Criminal Miscellaneous Application is required to be disposed of as having become infructuous. At the time of hearing of the present Criminal Miscellaneous Application, certain difficulties were faced and the papers in the office of the Government Pleader were not available due to which the Court was required to adjourn the present Criminal Miscellaneous Application and therefore, this Court called upon the learned Public Prosecutor to explain the same and to that the learned Public Prosecutor Shri P.K. Jani pointed out certain technical difficulties faced by the office of the Government Pleader / Public Prosecutor in presence of the I/c. Secretary, Legal Department and affidavitinreplies are also filed by the Legal Department as well as by the office of the Government Pleader/Public Prosecutor and therefore some further orders are required to be passed.

(3.) IN view of the above as such the present Criminal Miscellaneous Application is dismissed as having been infructuous as it is reported that the main trial itself is concluded. So far as the difficulties faced by the office of the Government Pleader/Public Prosecutor as narrated herein above, concerned department including the Secretary, Legal Department are hereby directed to look into the grievances and the difficulties faced by the office of the Government Pleader/Public Prosecutor, High Court of Gujarat and see to it that necessary staff is provided inclusive of the sufficient number of stenographers having sufficient knowledge of law and having sufficient experience at the earliest.