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2016 Supreme(SC) 1170

DIPAK MISRA, AMITAVA ROY
Dinesh Chandubhai Patel – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appearing Parties :Mr. Yalin Oza, Senior Advocate Mr. P.B. Majmudar, Senior Advocate Mr. Purvish Jitendra Malkan Mr. Apuirva Kapadiya, Mr. Yashashvi Virendra, and Ms. D. Malkan, Advocate. Mr. Harin Raval, Senior Advocate Mr. A. Munshi, Mr. Pradhuman Gohil, Mr. Vikash Singh, Ms. Taruna Singh Gohil, Ms. J.S. Jadeja, Ms. Himanshu Choubey, Ms. Divya Anand, Mr. Anado Mukherji, Mr. Mohit Paul, Ms. Diksha Jhingan, Ms. Hemkantika Wahi, Ms. Jesal Wahi, Mr. Aagam Kaur, Mr. Shyam Divan, Senior Advocate Mr. Mahesh Agrawal, Mr. Abhinav Agrawal, and Mr. E.C. Agrawal, Advocates.

ORDER :

In Crl. A. No. 1164 OF 2016@ SLP (Crl.) No. 8105 of 2016 and In Crl. A. Nos. 1165-1168 OF 2016@ SLP(Crl.) Nos. 8149-8152 of 2016

1. Leave granted.

2. In these appeals, by special leave, the order dated 28.09.2016 passed by the High Court of Gujarat at Ahmedabad in Special Criminal Application Nos. 4357 and 4951 of 2016 respectively preferred under section 482 of the Code of Criminal Procedure, 1973 (in short "the Cr.P.C.") for quashing of investigation is called in question. We do not intend to state anything with regard to the history of litigation. Suffice it to state, certain directions were issued under Article 226 of the Constitution in a petition and when the said was challenged in S.L.P. (Crl.) No. 4703 of 2016 this Court on 29.06.2016 after reproducing few paragraphs from the order of the High Court had directed as follows:-

"Regard being had to the narrow compass in which the grievance rests, we clarify that the aforesaid paragraphs are not to be treated as directions under Article 226 of the Constitution and if any F.I.R. is registered, the investigating agency shall proceed in accordance with law. If the petitioner is grieved with the same, he may approach the approp










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