Ayat Developer And Construction ... vs State Of Gujarat
2021 Latest Caselaw 1077 Guj

         R/SCR.A/766/2021                                       ORDER




       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/SPECIAL CRIMINAL APPLICATION NO. 766 of 2021
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    AYAT DEVELOPER AND CONSTRUCTION PVTLTD THROUGH IT
    AUTHORIZED SIGNATORY SHAHID MAHAMMAD SHARAFATALI
                          Versus
                STATE OF GUJARAT & 1 other(s)
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Appearance:
MR ANVESH V VYAS(5654) for the Applicant(s) No. 1
Ms. Monali Bhatt, APP (2) for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE B.N. KARIA

                            Date : 22/01/2021

                             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.2 to take all necessary steps to get the complaint registered as per his written complaint dated 27.11.2020.

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 the 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. 6712 of 2020 on 15.12.2020.

R/SCR.A/766/2021 ORDER

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 representations made by the applicant to the Deputy Superintendent of Police, Palanpur, Dist Banaskantha dated 27.11.2020.

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) Suyansh/B