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CR.MA/7140/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7140 of 2009
=========================================================
VASUDEV
MADHURBHAI PATEL - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
JAL SOLI UNWALA for
Applicant(s) : 1,
MR KP RAWAL, APP for Respondent(s) : 1,
NOTICE
SERVED BY DS for Respondent(s) : 2,
MR PP MAJMUDAR for
Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 27/01/2010
ORAL
ORDER
The
applicant has though prayed for quashing of the complaint, counsel
for the applicant confined this petition to order dated 10.6.2009
passed by learned Chief Metropolitan Magistrate, Ahmedabad to direct
investigation into complaint Annexure-A through CID Crime.
It
is the case of the petitioner that the learned Magistrate could not
have ordered investigation by a particular agency and only an
authorised officer of the police station under the Code of Criminal
Procedure who could be directed to carry out such investigation. To
this, learned counsel for the complainant raised no serious dispute.
Under
the circumstances, order dated 10.6.2009 insofar as it directs the
investigation of the written complaint Annexure-A through CID branch
is set aside. Learned Magistrate shall pass further consequential
orders for sending the matter to competent officer of the police
station.
With
above observations, the petition is disposed of.
Since
the petition is confined only to this single issue, I have not
examined any contention of either side.
(Akil
Kureshi,J.)
(raghu)
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