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2021 Supreme(Guj) 122

RAJENDRA M.SAREEN
Manjuben @ Manjulaben D/o. Nathubhai Naranbhai Patel – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Applicant :Mr. Percy Kavina, Senior Advocate with Mr. Dipak B. Patel.
For the Respondents: Ms. C.M. Shah, A.P.P.

JUDGMENT :

1. Present Criminal Revision Application under section 397 r/w Section 401 of the Code of Criminal Procedure has been preferred by the petitioner - original complainant challenging the order dated 31.10.2019 passed by the learned 10th Additional Senior Civil Judge and ACJM, Surat in Criminal Misc. Application No.1074 of 2017 preferred by the petitioner under section 156(3) of the Code of Criminal Procedure, by which the trial court rejected the application preferred by the petitioner observing that no complaint filed before the Court for committal of offence for which the Court take cognizance or issue a direction for investigation to the police and it is misinterpretation on the part of the petitioner regarding principles established by the Hon'ble Apex Court and the prayer prayed by the petitioner is not according to law and hence the same cannot be granted and so the present the is not maintainable and it is rejected.

2. The case of the petitioner, in nutshell, is as under :

Land bearing Survey Nos.179, 80 and 229 of village Katargam, Surat were owned and occupied by the father of the petitioner. After death of her father, accused persons got revenue entry No.8219 mutate

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