Chihla Udaykumar Shaileshbhai vs State Of Gujarat
2021 Latest Caselaw 2961 Guj

        R/SCR.A/1184/2021                                       ORDER




       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/SPECIAL CRIMINAL APPLICATION NO. 1184 of 2021
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                   CHIHLA UDAYKUMAR SHAILESHBHAI
                                Versus
                          STATE OF GUJARAT
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Appearance:
MR VICKY B MEHTA(5422) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
Ms. Monali Bhatt 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. 2 and 3 to register an FIR pursuant to the complaint submitted by the applicant at Annexure "C" and to carry out necessary investigation pursuant to the same and to furnish final report before the competent Court.

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 Special Criminal Application No.

R/SCR.A/1184/2021 ORDER

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 (undated) made by the applicant to the Police Sub-Inspector, Limbdi Police Station, Taluka Limbdi, Dist. Surendranagar. 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