Tusharbhai Rajnikant Shah vs State Of Gujarat
2021 Latest Caselaw 3975 Guj

          R/SCR.A/2833/2021                                    ORDER




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/SPECIAL CRIMINAL APPLICATION NO. 2833 of 2021

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                         TUSHARBHAI RAJNIKANT SHAH
                                   Versus
                             STATE OF GUJARAT
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Appearance:
MS MITA S PANCHAL(530) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
MS MONALI BHATT, APP for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE B.N. KARIA

                               Date : 09/03/2021

                                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 respondents to register the complaint dated 28.04.2019 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.

R/SCR.A/2833/2021 ORDER

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 representation

made by the applicant to the Police Authority dated 28.04.2019.

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.

Direct Service is permitted.

(B.N. KARIA, J) rakesh/