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HIGH COURT OF GUJARAT
MS SONIA GOKANI, J
RAMANBHAI NATHHUBHAI PATEL (JANI) – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
For the Appellants/Petitioners:MR ANSHIN DESAI, SR. ADVOCATE, MS VENU H NANAVATY
For the Respondents: MR AJ YAGNIK, MR MITESH AMIN, MR NIKUNJ KANARA

ORDER

Rule. Learned Advocate, Mr. Yagnik, waives service of rule for Respondent No.3, learned APP waives for respondent No.1-State and learned Advocate, Mr. Patel, waives for respondent No.2.

1. By way of this petition, the petitioner seeks to challenge the order passed by the learned Special Judge, ACT & 6th Addl. Sessions Judge, District Court, Surat (‘Court below’ in brief), below Exhibit-1 in Criminal Inquiry Case No. 3 of 2015, Dated: 07.07.2016, whereby, the Court below has ordered to initiate procedure under Section 156 (3) of the Code of Criminal Procedure, 1973 (in short, ‘the Code’) so also the order, directing registration of the FIR being C.R. No. I-M. Case No. 3 of 2016, Dated: 10.08.2016, by the Surat City, ACB Police Station, District: Surat.

2. According to the petitioner, the filing of the complaint by the respondent no.3 is a clear abuse of the process of the court, misuse of machinery and a politically motivated step to go-on litigating on issues which have been decided under the provisions of the Gujarat Agricultural Produce Markets Act and Rules. The grievance on the part of the petitioner is that the court below has straightaway passed an order under Section 156



















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