Jagbirsinh Rameshwardayal ... vs State Of Gujarat
2021 Latest Caselaw 1881 Guj

        R/SCR.A/1388/2021                                     ORDER




      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/SPECIAL CRIMINAL APPLICATION NO. 1388 of 2021

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            JAGBIRSINH RAMESHWARDAYAL CHAUDHARY
                            Versus
                  STATE OF GUJARAT & 2 other(s)
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Appearance:
NIYANT R BHIMANI(8000) for the Applicant(s) No. 1
MS. M.H. BHATT, APP for the Respondent(s) No. 1,2,3
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 CORAM: HONOURABLE MR. JUSTICE B.N. KARIA

                            Date : 09/02/2021

                             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 No.3 to register the complaint dated 01.04.2020 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 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

R/SCR.A/1388/2021 ORDER

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

made by the applicant to the Superintendent of Police, Nawa Para,

Bhavnagar dated 01.04.2020. 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