Vijaybhai Chandubhai Solanki vs Add. Chief Secretary
2023 Latest Caselaw 6560 Guj

                                                                                         NEUTRAL CITATION




     R/SCR.A/6880/2021                                    ORDER DATED: 06/09/2023

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            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/SPECIAL CRIMINAL APPLICATION NO. 6880 of 2021
                               With
        CRIMINAL MISC.APPLICATION (DIRECTION) NO. 1 of 2022
         In R/SPECIAL CRIMINAL APPLICATION NO. 6880 of 2021
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                         VIJAYBHAI CHANDUBHAI SOLANKI
                                     Versus
                             ADD. CHIEF SECRETARY
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Appearance:
MR GIRISH M DAS(2323) for the Applicant(s) No. 1
for the Respondent(s) No. 1,2
MR CHINTAN DAVE, APP for the Respondent(s) No. 3
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 CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                                Date : 06/09/2023

                                 ORAL ORDER

1. Learned advocate for the applicant seeks

permission to implead Police Inspector, Anand Town Police

Station as party respondent no.4. Permission is granted.

Amendment to be carried forthwith.

2. This petition is filed for the following prayers:

"14(A) Your Lordships be pleased to direct Respondent No.1 and 2 to explain as to, what control the Respondents HAVE on their subordinate officers, particularly for the misconduct and abrogation against the RULE OF LAW as mentioned in Para 3 and in connection with Documents produced in Para 4 of this Petition AND what action the Respondents will

NEUTRAL CITATION

R/SCR.A/6880/2021 ORDER DATED: 06/09/2023

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take immediately on the erring officers.

(B) Your Lordships, by exercising inherent powers under Art.226 R/w Sec.482 of Cr.P.C. be pleased to direct the Respondents to disclose on affidavit as to what action and what efforts they have made for effectively implementing Binding Judgment of Hon'ble Apex Court in case of LALITA KUMARI V/S GOVT, OF U.P. AIR 2014(SC) 187 AND what disciplinary steps, if any, have been taken for non- compliance so far, after 19/12/21013 till today.

(C) Pending hearing and final disposal of this Petition, Your Lordships be pleased to pass such orders as may be necessary for giving effect to the binding Judgment of of Hon'ble Apex Court in case of LALITA KUMARI V/S GOVT, OF U.P. AIR 2014(SC) 187 AND be pleased to direct to register the Complaint dated 1/7/2020 disclosing commission of a cognizable offence produced at Annex. "A" as FIR as per Mandatory Provision of Sec.154 Cr.P.C. in the larger interest of justice.

(D) xxxxx"

3. Heard learned advocate for the applicant and

learned APP for respondent-state.

4. In view of the averments made in the application

NEUTRAL CITATION

R/SCR.A/6880/2021 ORDER DATED: 06/09/2023

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and considering the judgment in the case of LALITA KUMARI V/S GOVT, OF U.P. AIR 2014(SC) 187, it will be appropriate to dispose of this petition with a direction to the

newly joined respondent no.4 to consider the representation

dated 1.7.2020 made by the petitioner within a period of four

weeks from the date of receipt of this order, in accordance

with law, independently and without being influenced by the

order of this Court. Order accordingly. Civil Application also

stands disposed of accordingly.

(SANDEEP N. BHATT,J) SRILATHA