Manishbhai Ashokbhai Valand vs State Of Gujarat
2022 Latest Caselaw 1451 Guj

     R/CR.MA/3088/2022                               ORDER DATED: 08/02/2022



            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                R/CRIMINAL MISC.APPLICATION NO. 3088 of 2022
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                         MANISHBHAI ASHOKBHAI VALAND
                                    Versus
                              STATE OF GUJARAT
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Appearance:
MR GAURANG K PATEL(2613) for the Applicant(s) No. 1
MR MANAN MAHETA, APP for the Respondent(s) No. 1
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  CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA

                               Date : 08/02/2022
                                ORAL ORDER

1. Heard Mr. D.P. Kinariwala, learned advocate assisted by Mr. Gaurang K. Patel, learned advocate for the applicant and Mrs. Krina Calla, learned APP for the respondent-State.

2. It is submitted that during the preliminary inquiry, the applicant herein remained present before the investigating officer and his statement was recorded in July, 2021. Based on the application, still FIR has not been registered.

3. This application is disposed of with a direction to the investigating officer to follow the judgment of Armesh Kumar vs. State of Bihar and another reported in (2014) 8 SCC 273. In the event of registration of FIR and in case necessity arise to arrest the applicant herein, then the investigating officer shall serve notice under Section 41-A of the Criminal Procedure Code, 1973 to the applicant herein.

4. The applicant shall remain present before the investigating officer on 15.02.2022 between 11:00 a.m. and 2:00 p.m. and shall cooperate with the inquiry. Direct service is permitted.

(ILESH J. VORA,J) TAUSIF SAIYED