PRITI BHOJNAGARWALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Mr. R.S.Sanjawala, learned Advocate for the applicant is absent when this matter is called out. Heard Mr. B.D.Desai, learned APP for respondent No.1 -State and Mr. Rajesh K. Kanani, learned Advocate for respondent No.2 i.e. original complainant.

(2.) When this matter was called out on previous date i.e. on 28th March, 2003, Mr. R.S.Sanjanwala, learned Advocate for the applicant had appeared before and submitted to this Court that in view of the fact that this type of application for reviewing the judgment in criminal matter was not maintainable, and therefore, this present application was required to be disposed of by this Court. It was made clear to Mr. Sanjanwala that if the applicant wanted to get this matter disposed of by speaking order of this Court, then possibly necessary orders with regard to compensation might be passed. In view of the above fact, he further submitted that he would like to contact his client for getting necessary instructions to withdraw this application and on that clear understanding, this matter was adjourned to this day i.e. on 4th April, 2003.

(3.) In continuation of the request made on 28th March, 2003, today, Mr. Sanjanwala is absent when this matter is called out. It appears that the applicant is now no more interested to prosecute this application further. Looking to the nature of this application, this Court finds no reason to dispose of this application by dismissing it for want of prosecution. To set an example, this is a fit case in which this Court should pass an order on merits.