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SCR.A/30/2007 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 30 of 2007
=========================================================
KANIZABEN
ABBASBHAI TINWALA - Applicant(s)
Versus
THE
STATE OF GUJARAT & 7 - Respondent(s)
=========================================================
Appearance
:
MR
VN BHAGODIA for
Applicant(s) : 1,
PUBLIC PROSECUTOR for Respondent(s) : 1,
None
for Respondent(s) : 2 -
8.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 08/01/2007
ORAL
ORDER
1. The
petitioner herein has prayed for appropriate direction to the
respondent authorities directing them to search and seize all the
articles and muddamal mentioned in the complaint.
2. In
the present case, it appears that the petitioner has not exhausted
the remedies provided under the Code more particularly approaching
the higher authorities at district level/District Superintendent of
Police. When such a remedy is open to the petitioner, it would not be
appropriate for this Court to issue directions to the police
authorities under Article 226 of the Constitution of India.
3. Under
the circumstances, without entering into the merits of the matter
this petition is disposed of with an observation that it would be
open to the petitioner to approach the concerned authority/court with
appropriate application in which case the concerned authority/court
shall consider the same in accordance with law.
(K.S.
JHAVERI, J.)
Divya//
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