ABDULRAZAK MAYURDIN PIRZADA Vs. SOPARIWALA EXPORTS

JUDGEMENT

(1.) PRESENT Special Criminal Application under Articles 226 and 227 of the Constitution of India has been preferred by the petitioner original complainant for an appropriate writ, direction and order quashing and setting aside the order dated 27. 2. 2003 passed below Exh. 20 in Criminal Case No. 421 of 1999 passed by the learned JMFC, Borsad.

(2.) IT appears that petitioner herein original complainant has instituted Criminal Case No. 421 of 1999 in the Court of learned JMFC, Borsad against the respondent No. 1 herein for the offences under Sections 6 (2), 8 and 36 (1) of the Gujarat Agriculture Produce Act, 1963. It appears that at the relevant time there was a dispute with respect to the levy and collection of market fee and one Special Civil Application No. 5418 of 1998 was pending before this Court and, therefore, respondent No. 1 herein submitted application Exh. 20 to stay further proceedings of the aforesaid Criminal Case No. 421 of 1999 till the final disposal of the Special Civil Application No. 5418 of 1998. The learned trial Court accepted the said application and stayed further proceedings of Criminal Case No. 421 of 1999 till final disposal of the aforesaid Special Civil Application No. 5418 of 1998. Shri Diveyeshwar, learned advocate appearing on behalf of the petitioner has submitted that the aforesaid Special Civil Application No. 5418 of 1998 has been decided and disposed of by the Division Bench of this Court vide order dated 21. 8. 2006 and the same has been dismissed. Therefore, it is submitted that in view of the subsequent development the impugned order passed below application Exh. 20 deserves to be quashed and set aside and now learned trial Court is to proceed further with the Criminal Case No. 421 of 1999 and to decide the same in accordance with law and on merits.

(3.) IN view of the above and dismissal of Special Civil Application No. 5418 of 1998, there is no reason now to stay further proceedings of Criminal Case No. 421 of 1999 and the impugned order passed by the learned JMFC, Borsad below Exh. 20 in Criminal Case No. 421 of 1999 deserves to be quashed and set aside.