Rachana Brahmanand Sharma vs State Of Gujarat
2021 Latest Caselaw 4467 Guj

        R/SCR.A/2436/2021                                       ORDER




      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/SPECIAL CRIMINAL APPLICATION NO. 2436 of 2021
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                     RACHANA BRAHMANAND SHARMA
                                Versus
                          STATE OF GUJARAT
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Appearance:
MR.VISHAL J DAVE(6515) for the Applicant(s) No. 1
NIPUN SINGHVI(9653) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
Mr. Manan Mehta, APP (2) for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE B.N. KARIA

                            Date : 19/03/2021

                             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 lodge an FIR pursuant to the complaint dated 31.8.2020 (Annexure "A") of this petition.

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 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

R/SCR.A/2436/2021 ORDER

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 on 31.8.2020 by the applicant to the Police Inspector, Adalaj Police Station, Dist. Gandhinagar (Respondent No.3). 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) BEENA SHAH