Mahesh Narshibhai Manepara vs State Of Gujarat
2021 Latest Caselaw 997 Guj

        R/SCR.A/660/2021                                       ORDER




      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/SPECIAL CRIMINAL APPLICATION NO. 660 of 2021
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                     MAHESH NARSHIBHAI MANEPARA
                                Versus
                          STATE OF GUJARAT
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Appearance:
MR ANAND B GOGIA(5849) for the Applicant(s) No. 1
MR RB GOGIA(5850) for the Applicant(s) No. 1
MS MUSKAN A GOGIA(6624) for the Applicant(s) No. 1
for the Respondent(s) No. 2
Mr. Manan Mehta, APP (2) for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE B.N. KARIA

                           Date : 21/01/2021

                            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 Nos.2 & 3 to conduct an inquiry on the complaints dated 21/24.06.2020, 10.07.2020, 18.07.2020, 08.08.2020 and 30.11.2020 (Annexure A) to find out commission of cognizable offence in accordance with law and to do all consequential acts under the provisions of Code of Criminal Procedure.

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.

R/SCR.A/660/2021 ORDER

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.

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 Police Inspector, Malaviya Police Station Rajkot dated 21/24.06.2020, 10.07.2020, 18.07.2020, 08.08.2020 and 30.11.2020.

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) BEENA SHAH