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2014 Supreme(Guj) 644

R.M.CHHAYA
LIYAKATKHAN BISMILLAHKHAN PATHAN – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
Advocate Appeared:
MR HASHIM QURESHI, ADVOCATE for the Applicant(s) No. 1
MS HANSA PUNANI, APP for the Respondent(s) No. 1

JUDGMENT :

1. Heard learned counsel for the parties.

2. Rule. Ms.Hansa Punani, learned Additional Public Prosecutor waives service of Rule on behalf of respondent No.1 – State.

3. Considering the issue involved in the present petition and with consent of learned counsel appearing for the respective parties, this petition is taken up for final disposal forthwith.

4. By way of this petition under Articles 21 and 226 of the Constitution of India, the petitioner has prayed for appropriate writ, order or direction directing the respondent authorities to register the FIR against the culprits pursuant to the application dated 01.04.2014 (at Annexure:C) filed by the petitioner.

6. Learned counsel for the petitioner has submitted that though the detailed application dated 01.04.2014 is filed by the petitioner before the police authorities, no actions are being taken. Learned counsel for the petitioner, however, relied upon the recent judgment passed by the Apex Court in Criminal Appeal No.55 of 2014, wherein the Apex Court has referred the Constitutional Bench judgment in the case of Lalita Kumari Vs. Government of U.P., 2014(2) SCC 1, wherein it has been observed thus:“

(i) Registration of
















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