VALJI GOPAL PINDORIA Vs. RAGHUVIRSINH P ZALA

JUDGEMENT

(1.) By way of this petition under Articles 226 and 227 of the Constitution of India, the petitioners have prayed the following reliefs;

(2.) At the outset, it is required to be noted that the petitioner No.1 and respondent No.4 have expired during the pendency of the proceedings. In view of the fact that respondent No.4, - original complainant has expired in the year 2001, the petitioners have prayed to quash and set aside the complaint bearing chapter case No.248/97 of Bhuj Taluka Police Station pending before the Executive Magistrate, Bhuj-Kutch will not survive and to that extent, the present petition is abated. As stated above, petitioner No.1 has also expired during the pendency of the present proceedings. Under the circumstances, so far as prayer in terms of para 19(A) is concerned, the respondent No.2 is directed to consider the application submitted by the petitioner and to take an appropriate decision as early as possible, preferably within a period of four months from the date of receipt of this order. So far as prayer of the petitioner No.2 now to award the compensation is concerned, it will be open for the petitioner No.2 to initiate appropriate proceedings either by way of suit or any other proceedings, if available to the petitioner under the law and as and when such a proceeding is filed, the same shall be considered in accordance with law and on merits.

(3.) With this, the present petition is disposed of. Notice discharged. I.R., if any granted earlier stands vacated forthwith.