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2015 Supreme(Guj) 99

VIPUL M.PANCHOLI
DIXITKUMAR DASRATHBHAI PATEL – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
MR ANKIT SHAH, ADVOCATE for the Applicant(s) No. 1
MR.J S SHAH, ADVOCATE for the Applicant(s) No. 1
MS HB PUNANI, APP for the Respondent(s) No. 1

JUDGMENT :

1. Rule returnable forthwith. Learned APP Ms. Punani waives service of notice of Rule for the respondents.

2. This petition is filed under Article 226 of the Constitution of India with a prayer to quash and set aside the order dated 19.02.2014 passed by the learned Chief Judicial Magistrate, Mehsana in Police Inquiry No.614 of 2013, by which, the learned Chief Judicial Magistrate has not accepted the request of the complainant to send the complaint for investigation under sub- section (3) of Section 156 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code'), and also prayed to direct respondent No.2 to register the written complaint given by the petitioner as an FIR and to investigate it in conformity with the provisions of Code.

3. The brief facts are as under:

3.1. It is the case of the petitioner that he has given a written complaint dated 27.08.2013 against 5 persons for the offences punishable under Sections 406, 417, 426, 497 of the Indian Penal Code to the Police Inspector of Mehsana 'B' Division Police Station. The said complaint was sent by Registered Post. It is the case of the petitioner that the concerned Police Inspector has not record





























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