Harjivanbhai Khanabhai Vasaiya vs State Of Gujarat
2021 Latest Caselaw 2103 Guj

          R/SCR.A/1547/2021                                     ORDER




       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/SPECIAL CRIMINAL APPLICATION NO. 1547 of 2021

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                     HARJIVANBHAI KHANABHAI VASAIYA
                                  Versus
                            STATE OF GUJARAT
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Appearance:
MR VD PARGHI(568) for the Applicant(s) No. 1
 for the Respondent(s) No.
10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,25,26,27,28,3,4,5,6,7,8,9
MR.MANAN MEHTA, APP for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE B.N. KARIA

                              Date : 11/02/2021

                               ORAL ORDER

Rule. Learned APP waives service of notice of rule for and on

behalf of the respondent Nos.1, 2,3 and 4.

By way of this application, the applicant has prayed to direct

the respondent No.4 to register the complaint dated 16.08.2020 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.

R/SCR.A/1547/2021 ORDER

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 by approaching the concerned learned JMFC Court for

the grievance raised by him in connection with the representation

dated 16.08.2020 made by the applicant to the Police Sub

Inspector, Jhalod Police Station, Dist­Dahod. 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