1. The present Special Criminal Application under Article 226 of the Constitution of India has been preferred by the petitioner for the following reliefs;
16(A)That this Hon'ble High Court would be pleased to issue a writ of mandamus and a writ in the nature of mandamus and/or an appropriate writ, order or direction to quash and set aside letter No. APT/32003/3960/H dated 5/12/2005 issued by the respondent no. 1 herein in the interest of justice;
(B) That this Hon'ble Court would be pleased to issue a writ of mandamus and a writ in the nature of mandamus and/or an appropriate writ, order or direction to the respondents to replace present Public Prosecutor of Banaskantha at Palanpur by appointing Senior Advocate Shri R.V. Somani as Special Public Prosecutor for conducting Sessions Case No. 79/2003 (arising out of I C.R. No. 28/1998) pending in the Court of the learned Additional Sessions Judge, 8th Fast Track Court, Palanpur, District Banaskantha in accordance with law and in the interest of justice, or in the alternative, to appoint any other Senior advocate as a Special Public Prosecutor of any Districts other than the District of Banaskantha in the interest of justice.
2. Today, when the present petition is taken up for final hearing, Shri Munshi, learned advocate appearing on behalf of the petitioner has submitted that in view of the subsequent development and disposal of respective Criminal Cases, the present petition has become infructuous. In view of the above, the present petition is dismissed as having become infructuous. Rule is discharged. Ad-interim relief granted earlier, if any, stands vacated forthwith.
(M.R.
SHAH, J.) siji Top