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2021 Supreme(Guj) 490

VIPUL M.PANCHOLI
IRFANBHAI JUSABBHAI BHANGANI – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
For the Appellant : MR P P MAJMUDAR
For the Respondent: MR DM DEVNANI, ADDITIONAL PUBLIC PROSECUTOR

ORDER :

1. This petition is filed under Article 226 of the Constitution of India, with a prayer that respondent No.2 be directed to register a complaint dated 30.01.2021 filed by the petitioner as an FIR.

2. Heard learned advocate Mr.P.P. Majmudar for the petitioner and learned Additional Public Prosecutor Mr.D.M. Devnani for the respondents.

3. Learned advocate for the petitioner has referred the averments made in the memo of the petition and also referred the documents which are placed on record and, thereafter, pointed out that the petitioner has submitted a written application – complaint before respondent No.2. However, till date, the said complaint is not registered as an FIR, therefore, appropriate direction be issued.

4. On other hand, learned Additional Public Prosecutor Mr.D.M. Devnani has opposed this petition and contended that in fact, for the alleged irregularity/dereliction of duty on the part of the concerned person, the District Development Officer had initiated proceedings under the Gujarat Panchayats Act, 1993 and, thereafter, passed an order dated 22.01.2021, by which, the concerned Sarpanch is directed to pay 20% amount of Rs.2,51,150/- i.e. Rs.50,230/- with intere

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