NEUTRAL CITATION
R/CR.MA/14310/2023 ORDER DATED: 17/08/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 14310 of 2023
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HARESHBHAI MATHURBHAI CHAUHAN
Versus
STATE OF GUJARAT
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Appearance:
MS HETVI H SANCHETI(5618) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR HIMANSHU PATEL APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SAMIR J. DAVE
Date : 17/08/2023
ORAL ORDER
1. By way of this application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"), the petitioner has prayed for quashing and setting aside the complaint being Criminal Case No. 96 of 2023 and order dated 01.03.2023 passed by learned Additional Chief Judicial Magistrate, Dhandhuka of issuing process against the petitioners.
2. Heard learned advocates for the petitioners, considered the averments made by petitioners so also the view taken by this court in the oral Judgment delivered in Criminal Misc. Application Page 1 of 3 Downloaded on : Sun Sep 17 01:26:36 IST 2023 NEUTRAL CITATION R/CR.MA/14310/2023 ORDER DATED: 17/08/2023 undefined No. 5080 of 2023, specifically in para 8, wherein it is observed that;
"8. The inherent powers under section 482 of the Code of Criminal Procedure or the extraordinary jurisdiction under Article 226 of the Constitution of India include the powers to quash the FIR, investigation or any criminal proceedings pending before the High Court or any court subordinate to it and are of wide magnitude and ramification. In exercise of powers conferred under Article 226 of the Constitution of India read with section 482 of the Code of Criminal Procedure, exercise of inherent powers by the High Court would depend upon the facts and circumstances of each case. It is not permissible to have a straight jacket formula. No precise and inflexible guidelines can be provided. This Court does not find this to be a fit case where discretion under Section 482 of Cr.P.C. could be exercised in favour of the petitioner, as the petitioner herein has not availed the alternative remedy of appeal available to him."
3. Thus considering the aforesaid situation, this court is not inclined to accept the prayer made by the present petitioners as the remedy is already available to the petitioners.
4. For the foregoing reasons, the present petition Page 2 of 3 Downloaded on : Sun Sep 17 01:26:36 IST 2023 NEUTRAL CITATION R/CR.MA/14310/2023 ORDER DATED: 17/08/2023 undefined stands rejected with a liberty to approach the appropriate Court.
(SAMIR J. DAVE,J) MISHRA AMIT V.
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