SULEMAN HAJI ABDULSATTAR KALOTA Vs. SUB DIVISION MAGISTRATE

JUDGEMENT

(1.) By way of this petition, under Articles 226 and 227 of the Constitution of India, the petitioners original accused have prayed for an appropriate Writ, order, direction quashing and setting aside the judgment passed by respondent No.1 and also the order dated 25.05.2007 passed by the learned Sessions Court in Criminal Revision Application No. 7 of 2004.

(2.) The petitioners'- trust was running school in the building in question and on the basis of the application by the petitioners and others, Sub Divisional Magistrate, Chota Udepur, by order dated 30.07.2004 in exercise of powers under section 133 of the Criminal procedure code passed an order directing the trust to shift the school from the premises in question. Being aggrieved and dissatisfied with the order passed by the Sub-Divisional Magistrate, Chota Udepur, dated 30.07.2004, the petitioners herein trustees of the trust preferred the Criminal Revision Application before the Sessions Court, Vadodara, which came to be heard by the learned Additional Sessions Judge, Vadodara, Camp at Chota Udepur, who by order dated 25.05.2007 dismissed the said Criminal Revision Application. Being aggrieved and dissatisfied with both the orders, the petitioners have preferred the present Special Criminal Application under Article 227 of the Constitution of India.

(3.) At the outset it is to be noted that during the pendency of the proceedings before the Court, the trust has already shifted the school premises and in the building in question, the school is not running. Therefore, present Special Criminal Application has become infrutuous. However, Mr. Dagli, learned Advocate appearing on behalf of the petitioners has submitted that when the learned Sub Divisional Magistrate passed an order, notice was given to one Iqbalbhai who was not the trustee and on the basis of the order passed by the Sub Divisional Magistrate, he is asserting his rights as a trustee and therefore, the observation made by the learned Sub Divisional Magistrate may come in the way of the petitioners. Therefore, it is requested that while disposing the present application as having become infructuous, clarification be made that this Court has not gone into merits of the case and solely on the basis of the order passed by the learned Sub Divisional Magistrate, said Iqbalbhai may not claim any right as a trustee.