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2024 Supreme(Guj) 1090

CHEEKATI MANAVENDRANATH ROY
Harshikaben Shantilal Patel – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Applicant :Mr D C Dave, Senior Advocate with Mr D K Puj for Mr Satyam Y Chhaya
For the Respondent:Mr Sudhir Nanavati, Senior Advocate with Ms Anuja S Nanavati, Ms Jyoti Bhatt, APP

JUDGMENT :

1. By way of filing this Special Criminal Application under Articles 226 and 227 of the Constitution of India, the petitioners have challenged the legal validity of the impugned order dated 3.1.2015 passed by the learned Judicial Magistrate, First Class, Anand, whereby he has forwarded the complaint filed by respondent no.2 to the concerned police under Section 156 (3) of the Criminal Procedure Code with a direction to register an FIR and to investigate the case and to submit his report.

2. Heard Mr.D.C.Dave, learned Senior Counsel for the petitioner and Ms.Jyoti Bhatt, learned APP for the respondent- State and Mr.S.I.Nanavati, learned Senior Counsel for the second respondent.

3. Concise statement of facts leading to the lis, relevant for disposal of this application, is stated as follows:-

3.1 The second respondent is the complainant, who has filed a private complaint before the learned Judicial Magistrate, First Class, Anand, for the offences punishable under Sections 467, 468, 465, 420 and 120-B of the Indian Penal Code against the petitioners herein.

3.2 As per the allegations ascribed in the said complaint, father of the complainant by name Shashikant P. Patel passed awa

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