Fatesingbhai Virabhai Bhabhor vs State Of Gujarat
2021 Latest Caselaw 2960 Guj

        R/SCR.A/1185/2021                                      ORDER




      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/SPECIAL CRIMINAL APPLICATION NO. 1185 of 2021

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                    FATESINGBHAI VIRABHAI BHABHOR
                                Versus
                          STATE OF GUJARAT
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Appearance:
MR. MR BUKHARI(6919) for the Applicant(s) No. 1
for the Respondent(s) No. 10,2,3,4,5,6,7,8,9
Mr. Mana Mehta, APP (2) for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE B.N. KARIA

                            Date : 20/02/2021

                             ORAL ORDER

Rule. Learned APP waives service of notice of rule for and on behalf of the respondent Nos. 1 to 3.

By way of this application, the applicant has prayed to direct the respondent No.3 to register the FIR against accused person in pursuance to grievance and incident of 30.9.2020 as narrated by the applicant in his applications/complaints dated 28.10.2020 and 6.11.2020 and take all requisite steps against the accused person in accordance with law.

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

R/SCR.A/1185/2021 ORDER

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 28.10.2020 and 6.11.2020 made by the applicant to the Police Inspector, Limdi Police Station, Taluka Zalod, Dist. Dahod. 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.

This Court has not expressed any opinion on the merits

of the case.

(B.N. KARIA, J) BEENA SHAH