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SCR.A/2541/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 2541 of 2010
=========================================================
PALAKBEN
MAGANBHAI KATARA - Applicant(s)
Versus
STATE
OF GUJARAT & 3 - Opponent(s)
=========================================================
Appearance
:
MR
JV JAPEE for
Applicant(s) : 1,
MR JK SHAH, APP for Opponent(s) : 1 -
4.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 17/01/2011
ORAL
ORDER
Grievance
of the petitioner is that on 3rd
October 2010 when she approached the police station for making a
complaint, according to the petitioner, correct version was not
recorded. Subsequently, when she lodged the F.I.R., the Investigating
Agency did not include the provisions of Section 394 of the Indian
Penal Code nor the Investigating Agency include Section 307 of the
Indian Penal Code though the injury was caused on the head with
deadly weapon.
Pursuant
to the complaint lodged by the petitioner, investigation has been
carried out and charge-sheet has been filed for offences punishable
under Sections 323, 504, 506(2) read with Section 114 of the Indian
Penal Code as well as under the Bombay Police Act.
Under
the circumstances, at this stage, no directions are required to be
given. However, it would be open for the petitioner to urge before
the trial Court that further investigation is required. If the
petitioner makes out any such case, the competent court shall examine
all aspects of the matter and pass such order as it may found
necessary.
(Akil
Kureshi, J.)
/moin
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