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SCA/10974/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 10974 of 2010
=========================================
DAYABHAI
NANJIBHAI KASA - Petitioner(s)
Versus
STATE
OF GUJARAT
THROUGH
SECRETARY & 3 - Respondent(s)
=========================================
Appearance :
MR
HARSHIT S TOLIA for Petitioner(s) : 1,MR PB KHANDHERIA for
Petitioner(s) : 1,
MR UMESH TRIVEDI, ADDL.GOVERNMENT PLEADER for
Respondent(s) : 1,
None for Respondent(s) : 2 -
4.
=========================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 15/09/2010
ORAL
ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
It
is a frivolous writ petition preferred by the petitioner, having
nothing to do with the public interest. Prayer has been made to take
appropriate action against accused persons of FIR in a criminal case.
Under
the law if FIR is filed, in many of the cases the accused may be
absconding but that cannot be a ground for filing a corresponding
public interest litigation. What is the allegation in the FIR, is a
matter which can be looked into in the criminal case, and has nothing
to do with public interest. In the circumstances, while we dismiss
the petition, impose costs of Rs. 20,000/- on the petitioner, to be
paid to Gujarat State Legal Services Authority, High Court of
Gujarat. The amount should be paid within one month, failing which
it will be open to the Member Secretary of the Legal Services
Authority for recovery of the amount through the Collector, by way of
arrears of land revenue. A copy of this order be forwarded to the
Member Secretary, Gujarat State Legal Services Authority, High Court
of Gujarat at Ahmedabad.
(S.J.
Mukhopadhaya, C.J.)
(Anant
S. Dave, J.)
*/Mohandas
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