MAHENDRAKUMAR MAHASHANKAR SHASTRI Vs. PURANI HARISHWAROOPDASJI

JUDGEMENT

(1.) By way of this petition under Article 227 of the Constitution of India, the petitioner original complainant has prayed for an appropriate order quashing and setting aside the order passed by the ld. Metropolitan Magistrate in granting discharge application dated 17.1.1999 which further came to be confirmed by the ld. Additional Sessions Judge vide its judgment and order dated 11.5.1999 passed in Criminal Revision Application No. 85 of 1999.

(2.) It appears from the record that the petitioner original complainant filed complaint against the respondent No.1 herein original accused for the offence under section 63 of the Copy Right Act r.w. sections 463 and 420 of the I.P.C. It further appears from the record that process was issued by the ld. Metropolitan Magistrate for infringement of the Copy Right Act and the respondent No.1 original accused submitted discharge application, which came to be granted by the ld. Metropolitan Magistrate vide order dated 17.1.1999, which came to be challenged by the petitioner before the learned City Civil & Sessions Court, Ahmedabad being Criminal Revision Application No. 85 of 1999 and the learned Revisional Court dismissed the said Criminal Revision Application. Being aggrieved and dissatisfied with the same, the petitioner has preferred present petition under Article 227 of the Constitution of India.

(3.) It is reported that the respondent No.1 herein original accused has expired on 30.10.2006 and the death certificate is also produced on record. Apart from the fact that no steps are taken by the petitioner to bring the heirs of original accused on record, looking to the allegations and the offence for which the original accused was charged, further cause will not survive in view of the death of original accused. Under the circumstances, present petition is dismissed as having become abated. Rule is discharged.