Gujarat High Court

SCR.A/1121/1998 of SARWAR KARIMULLA Vs STATE OF GUJARAT on 12 December 2000

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HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CRIMINAL APPLICATION No 1121 of 1998 For Approval and Signature: Hon'ble MR.JUSTICE S.K.KESHOTE ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

SPECIAL CRIMINAL APPLICATION No 1121 of 1998

For Approval and Signature:

Hon'ble MR.JUSTICE S.K.KESHOTE

============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the Civil Judge? : NO -------------------------------------------------------------- SARWAR KARIMULLAVersus STATE OF GUJARAT -------------------------------------------------------------- Appearance: None present for Petitioner MR SAMIR DAVE, APP for Respondent No. 1 None present for other Respondents -------------------------------------------------------------- CORAM : MR.JUSTICE S.K.KESHOTE

Date of decision: 12/12/2000

ORAL JUDGEMENT

#. Heard the learned counsel for the respondent-State and perused the special criminal application.

#. The learned counsel for the respondent-State states that against the very incident in respect of which the petitioner is praying for holding of immediate inquiry, a criminal complaint has been filed against the petitieonr by the jail authorities. In the said criminal complaint, the investigation is completed and chargesheet has also been submitted in the court. In that case, the petitioner was convicted and he was sentenced for four years and six months' imprisonment and a fine of Rs.1,600/=. Against this judgment of the trial court, the petitioner filed Appeal before this court which is pending.

#. In view of this fact, in this petition now nothing survives. In fact, the petitioner was found to be the person concerned who committed offence in jail and to patch his own acts which resulted in criminal offence, he appears to have filed this petition.

#. In the result, this special criminal application fails and the same is dismissed. Rule discharged. Interim relief, if any, earlier granted stands vacated. No order as to costs.

�����(S.K.Keshote, J.)

(sunil)

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