On 27.12.2000 rule was ordered to be issued in this petition by the learned Single Judge of this court and the same was ordered to be heard along with the Criminal Appeal No.409 of 2000 filed by the State of Gujarat. The said appeal is dismissed as having become time barred today. Therefore, this revision petition is required to be dismissed and accordingly dismissed.
At this stage, learned counsel Shri Trivedi for the petitioner-complainant submitted that the criminal appeal has been dismissed as having become time barred, but this court cannot dismiss his present revision because it was already admitted and the same may be heard independently.
This submission of Mr.Trivedi cannot be accepted for the simple reason that when the appeal against the judgment and order of acquittal filed by the State is dismissed, then the revision filed at the instance of private complainant cannot be entertained. Thus, no modification is required to be made in the aforesaid order. Order accordingly.
(B.J.Shethna, J.) *Pvv