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2015 Supreme(Guj) 972

J.B.PARDIWALA
Rilesh Batukbhai Beladia – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appellant : Chetan K. Pandya.
For the Respondent: K.L. Pandya, A.P.P.

JUDGMENT :

J.B. Pardiwala, J.

1. By this petition under Article 227 of the Constitution of India, the petitioner the original complainant calls in question the legality and validity of the order dated 26-9-2014 passed by the learned 4th Additional District Judge, Surat in the Criminal Revision Application No. 120 of 2014, by which, the learned Sessions Judge rejected the Revision Application, thereby affirming the order passed by the learned Judicial Magistrate, First Class Mangrol dated 26-6-2014 below Exh. 1 in the Criminal Inquiry Case No. 15 of 2013. The facts giving rise to this petition may be summarized as under:-

"2.1. The petitioner herein is the original complainant. He lodged a private complaint in the Court of the learned Additional Chief Judicial Magistrate, Mangrol and prayed for police investigation under Section 156(3) of the Code of Criminal Procedure, 1973 (for short, the Code). It appears that it came to the notice of the learned Magistrate that the police was also inquiring into the very same complaint. In such circumstances, the learned Magistrate thought fit to pass an order under Section 210 of the Code and called for the report of the status of the inquiry by



































































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