Chintan Jayantbhai Shah vs State Of Gujarat
2021 Latest Caselaw 4968 Guj

          R/CR.MA/5207/2021                                               ORDER



        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/CRIMINAL MISC.APPLICATION NO. 5207 of 2021
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                              CHINTAN JAYANTBHAI SHAH
                                       Versus
                                 STATE OF GUJARAT
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Appearance:
MR YN OZA WITH MS SRUSHTI A THULA(5014) for the Applicant(s) No. 1
for the Respondent(s) No. 2
PUBLIC PROSECUTOR(2) for the Respondent(s) No. 1
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 CORAM: HONOURABLE DR. JUSTICE A. P. THAKER

                                    Date : 31/03/2021

                                     ORAL ORDER

Heard Mr.Y. N. Oza, learned arguing counsel for Ms.Srushti Thula, learned advocate for the petitioner through video conferencing.

Mr.Y. N. Oza, learned arguing counsel has submitted that there is no such power lies with the police authority under Sections 107 and 151 of the Criminal Procedure Code, when the matter is regarding the civil transaction. According to him, the entire exercise carried out by the police authority vide page Nos.13 and 14 is without jurisdiction and, therefore, he has submitted that while admitting the petition, the interim relief in terms of para-13(C) may be granted. He has relied upon the judgment of the Apex Court in the case of Satishchandra Ratanlal Shah Vs. State of Gujarat and another rendered in Criminal Appeal No.9 of 2019 dated 03.01.2019.

Hence, RULE returnable on 18.06.2021. In the meanwhile, ad-interim relief in terms of para-13(C) is granted. Direct service is permitted.

(DR. A. P. THAKER, J) V.R. PANCHAL