Kalpeshbhai Ramlal Rana vs State Of Gujarat
2021 Latest Caselaw 4264 Guj

       R/SCR.A/2796/2021                                   ORDER




      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    R/SPECIAL CRIMINAL APPLICATION NO. 2796 of 2021
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                       KALPESHBHAI RAMLAL RANA
                                 Versus
                           STATE OF GUJARAT
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Appearance:
MAYANK R CHAVDA(9250) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3,4
MR. MANAN MEHTA, APP for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE B.N. KARIA
                  Date : 16/03/2021
                    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 respondent No.2 to register the complaint dated

29.01.2021 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

R/SCR.A/2796/2021 ORDER

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 undated representation made by the applicant to the

Superintendent of Police, Gandhidham and forwarding copy

thereof to the Police Inspector, Samakhyari Police Station,

Gandhidham­Kutchh. 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.

(B.N. KARIA, J) K. S. DARJI