1. The present petition under Article 226 of the Constitution of India has been preferred by the petitioner herein for the following main reliefs:
(A) issue appropriate writ, direction and/or order to the respondent no.6 to act in accordance with law in respect of the original written complaint dated 15/10/2004 addressed to the respondent no.2 which has been forwarded by the respondent no.2 pursuant to the notice dated 20.10.2004 to the officer in charge of the Police Station, Kadi vide Outward No.2722/04 dated 1.11.2004 and do all such acts, things and deeds in accordance with law in respect thereof;
(B) this Hon'ble Court be pleased to hold the respondent nos.2 to 5 responsible for dereliction of duty and for non observance of the direction and refusal to observe the ratio and precedent as laid down by the Honourable Supreme Court in AIR 1993 SC 2644 and having tossed the complaint of the complainant in respect of the commission of a cognizable offence;
(C) pending admission and/or final disposal the status report be called for from the respondent no.6;
2. Today when the present petition is taken up for hearing, Mr.L.B.Dabhi, learned Additional Public Prosecutor, under the instruction from the P.I., Kadi Police Station, who is personally present in the Court, has submitted that after the filing of the present petition with respect to very incident and offence, Kadi Police Station has registered the complaint/FIR being C.R.No.I-390 of 2004 on 29/12/2004 and after the investigation, charge-sheet is also filed.
3. In view of the above, the present petition is dismissed as having become infructuous as the cause does not survive. Rule is discharged. Ad-interim relief, if any, stands vacated forthwith.
[M.R.SHAH,J] *dipti