Niravbhai Nitinbhai Parikh vs State Of Gujarat
2021 Latest Caselaw 2105 Guj

        R/SCR.A/1574/2021                                     ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        R/SPECIAL CRIMINAL APPLICATION NO. 1574 of 2021

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                        NIRAVBHAI NITINBHAI PARIKH
                                  Versus
                            STATE OF GUJARAT
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Appearance:
MR Y.N. OZA, SENIOR ADVOCATE WITH ANURAG R RATHOR(9315) for
the Applicant(s) No. 1
NIRALI Y OZA(8643) for the Applicant(s) No. 1
 for the Respondent(s) No. 2,3,4,5
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

By way of present application, the applicant has prayed to

direct the respondents and more particularly respondent no.4 to

register the FIR based on the complaints of the applicant dated

23.03.2020 and 03.09.2020 forthwith.

Heard learned advocate for the applicant.

It is submitted by learned advocate for the applicant that in

case any decision is subsequently rendered taking a view, contrary

to a view taken by an earlier bench in ignorance of the earlier view,

and when it is passed without a reference to the earlier view, the

same is per incuriam and it is only the earlier view that operates on

R/SCR.A/1574/2021 ORDER

the field. That in the present case, earlier view taken by the Hon'ble

Supreme Court in Criminal Appeal no.55 of 2014, was not taken

into consideration by the subsequent judgment in the case of M.

Subramaniam Vs. S. Janki in Criminal Appeal No.102 of 2011,

dated 20.03.2020.

Issue requires consideration.

Hence, Notice, returnable on 26.02.2021. Learned APP

waives service of notice for and on behalf of the respondent­State.

(B.N. KARIA, J) rakesh/