MASUKHBHAI GORDHANBHAI SAVALIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) DURING the pendency of the present petition for more than 10 years, the respondents have not filed any affidavit-in-reply. Reading the un-controverted contentions in the petition and the allegations made in the complaint filed as Criminal Inquiry No. 40 of 1997, it appears that a case of serious offence is sought to be made out after more than two months of the alleged incident and, as stated at the bar, as of now neither the complainant nor the accused persons could be contacted by their respective learned counsel for the purpose of any instruction. It prima facie appears that the complaint has been concocted for the purpose of scoring a point in the dispute of civil nature and no purpose would be served by reopening of the investigation, at this stage. While the parties appear to have no interest left in the matter, learned A. P. P. fairly conceded that the investigation or prosecution in the facts of the present case was not likely to result into fair trial or conviction of any person.

(2.) THEREFORE, the petition is allowed in the interest of justice and the complaint registered as Criminal Inquiry No. 40 of 1997 in the court of learned J. M. F. C. , Dhoraji, as also the F. I. R. registered as M. Case No. 36 of 1997 in Dhoraji Police Station are quashed. Rule is made absolute accordingly, with no order as to costs.