ARUNKUMAR S.PUROHIT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) XXX XXX XXX.

(2.) The respondent No. 4-Laxmansinh Dabhi was prosecuted for the alleged commission of the offences punishable under Sections 147, 148, 149, 323, 354, 504 and 506(2) of the Indian Penal Code by registering F.I.R. No. 47 of 1996 against him. On account of the registration of the said offence against him, he was suspended from holding the post of Sarpanch of Pathapur Gram Panchayat. Therefore, he had filed Appeal No. 44 of 1996 and that appeal of him was allowed by order passed oh 20-5-1996 and hence the present petition is filed against the said order.

(3.) It is an admitted fact that respondent No. 4 was elected as Sarpanch of Pathapur Gram Panchayat and he was suspended only on account of the registration of F.I.R. 47 of 1996 against him. The said application filed under Section 482 of the Code of Criminal Procedure has been allowed by this Court on 10-10-96 and the registration of the said F.I.R. No. 47 of 1996 against the respondent No. 4 has been quashed. When the registration of offence against the respondent No. 4 has been quashed by the court and when there are no other grounds except registration of offence against him for passing the order of suspension against him, the present petition does not survive in view of quashing of the said registration of offence. I, therefore, dismiss this petition with no order as to cost.