Citation : 2021 Latest Caselaw 1127 Guj
Judgement Date : 25 January, 2021
R/SCR.A/793/2021 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 793 of 2021
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SANTOSHSINGH LALLANSINGH KSHATRIYA
Versus
STATE OF GUJARAT
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Appearance:
MR JITENDRA H SINGH(3199) for the Applicant(s) No. 1
MR. ANANTANAND J SINGH(10046) for the Applicant(s) No. 1
PRABHATSINH J PARMAR(7996) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR MANAN MEHTA, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE B.N. KARIA
Date : 25/01/2021
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 register the complaint dated 15.07.2020 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. 7886 of 2020 on
R/SCR.A/793/2021 ORDER
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 to approach the concerned learned JMFC Court for the
grievance raised by him in connection with the representation
made by the applicant to respondent no.2Police Inspector,
Khokhra Police Station, Dist. Ahmedabad dated 15.07.2020.
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) rakesh/
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