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2016 Supreme(SC) 1716

DIPAK MISRA, C.NAGAPPAN
Dineshbhai Chandubhai Patel – Appellant
Versus
Arjunbhai Shankarbhai Rathod (Adivasi) – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Dr. Abhishek Manu Singhvi, Mr. Yatin Oza, Mr. Purvish Jitendra Malkan, Mr. Panthil Majmudar, Ms. Dharita Malkan
For the Respondents: Mr. Amar Dave, Mr. Pradhuman Gohil, Mr. Ariez Munshi, Mr. Vikash Singh, Ms. Taruna Singh Gohil, Ms. Jaikriti S. Jadeja, Mr. Himanshu Chaubey

ORDER :

Permission to file the special leave petition is granted.

2. Heard Dr. Abhishek Manu Singhvi, learned senior counsel for the petitioner and Mr. Amar Dave, learned counsel for the respondent.

3. The High Court by the impugned order in paragraphs 6 to 9 has stated thus:-

“I have gone through both the reports. The reports are quite exhaustive. Prima facie, it appears that all relevant aspects relating to the matter have been looked into. The necessary and relevant documentary evidence has also been annexed with the reports. The report filed by the Police Commissioner, Surat City indicates that some prima facie case is made out against the persons named therein for the offence punishable under Sections 406, 420, 465, 467, 468, 471 and 120B of the Indian Penal Code and Section 3(2) and 5 of the Prevention of Scheduled Caste and Scheduled Tribe (Atrocity) Act.

7. If the preliminary inquiry carried out by the Commissioner of Police, Surat City reveals a prima facie case as stated in the report then I expect the Commissioner to proceed further in accordance with law.

8. I clarify that I have not expressed any final opinion in this regard. It is now for the police authority to look into t




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