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2021 Supreme(Guj) 1220

GITA GOPI
Karmanbhai Revabhai Bharwad (decd. ) – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Applicant : Mr. C.B. Dastoor.
For the Respondent: Mr. Pranav Trivedi, APP.

JUDGMENT :

1. Rule. Learned APP waives service of notice on behalf of respondent State. By consent of both the sides, the matter is taken up for final hearing today.

2. The original petitioner – Karmanbhai Revabhai Bharwad had approached this Court under the provisions of Section 482 Cr.P.C. with a prayer to take immediate action against the P.S.I., Tarapur Police Station through respondent no.2 – District Superintendent of Police in the form of departmental inquiry for the abuse of process of law and misusing the power and illegally confining/detaining the petitioner and his family members in the police lockup/custody for more than 24 hours; thus with further prayer to consider the said action of P.S.I. Tarapur to be illegal, arbitrary and violative of Articles 14, 19 and 21 of the Constitution of India.

2.1. Vide amendment dated 12.10.2021, it was further prayed to quash and set aside the FIR being C.R. No.II/72/2019 registered at Tarapur Police Station, District Anand for the offences punishable under Sections 186 and 114 of IPC, dated 08.09.2019.

2.3. After the death of the original petitioner his son Vijay Karamanbhai Bharvad by an order dated 19.08.2021 in Criminal Misc. Applicat

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