1. The present petition under Article 226 of the Constitution of India has been preferred by the petitioner herein – original complainant for an appropriate order to quash and set aside the directions of respondent No.2 dated 20/10/2008, which according to the petitioner, can be said to be interference in the investigation of FIR being C.R.No.-69 of 2007 filed by the petitioner with Radhanpur Police Station.
2. Today when the present petition is taken up for final hearing, Mr.L.B.Dabhi, learned Additional Public Prosecutor appearing on behalf of the respondent-State has stated at the bar that during the pendency of the present proceedings, learned Judicial Magistrate, First Class, Radhanpur has directed to issue process against the petitioner for the offences punishable under Sections 465, 467, 471, 120-B and 114 of the Indian Penal Code.
3. At this stage, Mr.M.M.Tirmizi, learned advocate appearing on behalf of the petitioner has submitted that the order passed by learned Judicial Magistrate, First Class, Radhanpur taking cognizance against the petitioner for the alleged offences is now subject matter of Special Criminal Application No.760 of 2010, which is pending before this Court. Under the circumstances, as such the present petition has become infructuous. Mr.Tirmizi, learned advocate appearing on behalf of the petitioner has further submitted that the petitioner may be permitted to submit an appropriate application for fixing early date of hearing of Special Criminal Application No.760 of 2010.
4. In view of the above, without further entering into the merits of the case and without expressing anything on merits, the present petition is disposed of as having become infructuous in view of the aforesaid subsequent development.
As and when Special Criminal Application No.760 of 2010 is taken up for final hearing, the same be considered in accordance with law and on merits. It will be open for the petitioner herein to make submissions whatever is available to her under the law inclusive of whatever is stated in the present petition, which shall be considered in accordance with law and on merits.
With this, the present petition is disposed of. Rule is discharged. Ad-interim relief, if any, stands vacated forthwith.
[M.R.SHAH,J] *dipti