1.0. By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for following reliefs;
A. Your Lordships be pleased to issue appropriate writ, order or direction to respondents no. 2 and 3 to register the cognizable offence in respect of the written complaint, Annexure A read with Annexure B under Section 154(1) of the Code of Criminal Procedure, 1973 and investigation under Section 156(1) of Code of Criminal Procedure, 1973 in the interest of justice;
B. Your Lordships be pleased to issue appropriate writ, order or direction to the Higher Police Authority to take action against the responsible police officer for not handing over the dead body of the petitioner's father Shankerlal to the petitioner without waiting for D.N.A Test report and without informing the petitioner for disposal of the dead body of deceased Shankerlal.
2.0 This matter is adjourned time and again and on all the occasions, learned advocate for applicant is chosen to remain absent.
3.0 Today, when the present petition is taken up for final hearing, Shri Dabhi, learned APP appearing on behalf of the State has stated at the bar that after filing of the present petition, an FIR has been registered at the instance of the petitioner by the concerned Police Officer of Visnagar Police Station being CRI No.250 of 2006 with respect to incident in question against three accused persons for the offences under Section 302, 201, 120B and 34 of the Indian Penal Code. He has produced on record the copy of the FIR dated 19.7.2006 which is directed to be taken on record. In view of the above, no cause survives and the present petition deserves to be disposed of.
4.0 In view of above, present petition is disposed of/ dismissed as cause does not survive. Rule is discharged. Adinterim relief, if any, stands vacated forthwith.
kaushik sd/ (M.R.SHAH, J.)