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2016 Supreme(Guj) 1773

SONIA GOKANI
Himanshu Mahendra Sampat – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Mn Marfatia, Advocate
For the Respondent: Mr. Ronak Raval, Addl. Public Prosecutor

ORDER :

SONIA GOKANI, J.

The applicant submits that Special Criminal Application No. 4105 of 2016 came to be decided by this Court vide order dated June 20, 2016, whereby this Court passed the following order:

“By this writ Application preferred under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, the petitioner complains of inaction on the part of the authorities in not registering the First Information

Report, pursuant to the representation given in writing by the petitioner dated 7.6.2016

Rule returnable forthwith. Learned APP Mr. Ronak Rawal, appears and waives service of notice of rule for and on behalf of respondent-State.

Having heard learned advocates appearing for the respective sides, the grievance putforth by the petitioner can be put an end to in wake of the decision of the Apex Court rendered in case of Lalita Kumari v. Government of Uttar Pradesh., reported in (2014) 2 SCC 1, wherein the Court has held thus,

111. In view of the aforesaid discussion, we hold:

(i) Registration of FIR is mandatory under Section 154 of the Code, if the information discloses commission of a cognizable offence and no preliminary inquiry is permissi
























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