Citation : 2021 Latest Caselaw 5026 Guj
Judgement Date : 5 April, 2021
R/SCR.A/3443/2021 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 3443 of 2021
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CHANDRESHBHAI GATORDAS SOLANKI
Versus
STATE OF GUJARAT
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Appearance:
MR JAIDIP B TAILOR(11438) for the Applicant(s) No. 1
MS BHAKTI M JOSHI(3820) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3,4
MR. MANAN MEHTA, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE B.N. KARIA
Date : 05/04/2021
ORAL ORDER
Rule. Learned APP waives service of notice of rule for and
on behalf of the respondents.
By way of this application, the applicant has prayed to
direct the respondent authorities to register the complaint
dated 27.02.2021 as FIR and to investigate the same in a fair
manner.
Heard learned advocate for the applicant.
After hearing the learned advocate for the applicant,
learned APP has drawn the attention of this Court towards the
judgment of Hon'ble Apex Court rendered in case of
R/SCR.A/3443/2021 ORDER
M.Subramaniam V. S.Janki passed in Criminal Appeal No.
102 of 2011 and the order passed by this Court in Special
Criminal Application No. 7886 of 2020 on 4th December, 2020
as well as order passed in Special Criminal Application No.
6712 of 2020 on 15.12.2020.
At this juncture, learned advocate for the applicant has
requested this Court to permit the applicant to avail the
alternative remedy as provided under Section 156(3) of Code
of Criminal Procedure to approach the concerned learned
JMFC Court for the grievance raised by him in connection with
the representation dated 27.02.2021 made by the applicant to
the Police Commissioner, Ahmedabad City. Permission; as
sought for; stands granted.
Concerned learned Judicial Magistrate First Class may
decide the application made by the applicant independently
without influence of the order passed by this Court.
With these directions, this application stands disposed of.
Rule is made absolute to the aforesaid extent.
(B.N. KARIA, J) SUYASH
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