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SCR.A/1421/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1421 of 2009
=========================================================
NARESH
BHUPENDRABHAI CHAUHAN - Applicant(s)
Versus
STATE
OF GUJARAT & 3 - Respondent(s)
=========================================================
Appearance
:
MR
UTPAL M PANCHAL for
Applicant(s) : 1,
MS ML SHAH, APP for Respondent(s) : 1,
MR AG
VYAS for Respondent(s) : 2 - 4.
MR BHARAT S SHAH for Respondent(s)
: 2 - 4.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 13/07/2010
ORAL
ORDER
Petitioner,
original complainant, has in the present petition challenged order
dated 21.11.08 passed by the learned Chief Judicial Magistrate,
Surat as confirmed by the order dated 23rd April 2009
passed by the learned Additional Sessions Judge, Surat. He has
further prayed for a direction for fresh investigation into the
complaint at Annexure A lodged by him.
In
the complaint, the petitioner alleged, inter alia, that on 29th
June 2008, when he along with one Jasubhai Haribbhai had gone for
recoveries of money, the accused persons had got angry and used
certain derogatory words and insulted them. The Police, however,
did not find sufficient evidence to proceed further after holding
investigation. The learned Magistrate accepted the report of the
police by the impugned order and the revision application of the
petitioner having failed before the Sessions Court, the present
petition is filed.
Having
heard the learned advocate Mr.Panchal for the petitioner and the
learned APP for the State, it emerges an undisputed position that
the petitioner did not belong to Schedule Caste on the date when the
complaint was filed. Though it is the case of the petitioner that
his companion Jasubhai Haribhai belonged to Scheduled Caste, there
is no such assertion in the complaint. More importantly, the police
papers reveal that said Jasubhai had stated that he was not present
at the time of the alleged incident.
Considering
all these aspects, I see no reason to exercise the powers under
Article 226 and 227 of the Constitution of India. The petition is
therefore, dismissed. Notice is discharged.
(Akil
Kureshi, J.)
(vjn)
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