MAVJI LAXMANBHAI DODIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioners original accused have filed this application under Section 482 of the Criminal Procedure Code praying for quashing and setting aside criminal proceedings of Criminal Case No. 62/a of 1999 and the impugned order dated 01. 03. 1999 passed thereon.

(2.) THIS Court has issued notice on 12. 04. 1999 and interim relief in terms of paragraph 7 (B) was granted whereby criminal proceedings of Criminal Case No. 62a of 1999 and the effect, execution and implementation of the impugned order dated 01. 03. 1999 passed therein were stayed. Thereafter, rule was issued on 28. 06. 1999 and interim relief granted earlier was ordered to be continued till further orders.

(3.) SUBSEQUENTLY, the learned advocate who appears on behalf of the petitioners was elevated as Judge of this Court and hence, fresh notice was issued on the petitioners on 30. 09. 1999. Notice was duly served on the petitioners. Despite service of notice, nobody appears till this date. It is also important to note here that notice was duly served on the respondent No. 2 i. e. original complainant and despite service of notice, he never filed his appearance before this Court.