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SCR.A/21/4307 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 2143 of 2007
=========================================================
DEVIDAS
PYARELAL SHARMA - Applicant(s)
Versus
STATE
OF GUJARAT & 6 - Respondent(s)
=========================================================
Appearance
:
MR
NM KAPADIA for
Applicant(s) : 1,
MR DABHI, APP for Respondent(s) : 1,
NOTICE
SERVED for Respondent(s) : 2 - 4.
MR JV JAPEE for Respondent(s) :
4,
NOTICE UNSERVED for Respondent(s) : 5 -
7.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE J.R.VORA
and
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 29/09/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE J.R.VORA)
Today,
when the matter was called out, S.P. Mr. Brahmbhatt of Sabar Kantha
is present and A.C.P. Mr. M.V. Mehta from Surat also is present.
Learned
APP Mr. Dabhi submits that in fact, according to the petition, the
family of petitioner is missing from Surat and necessary applications
are made to Kapodra Police Station in Surat District and, therefore,
Police Officer of Sabar Kantha District are incorrectly joined in
this petition.
Learned
Advocate for the petitioner Mr. Kapadia was also heard. On inquiry,
he stated that petitioner had filed Special Criminal Application for
registering the F.I.R. at Kapodra Police Station for missing family
members of the petitioner and that Special Criminal Application came
to be disposed of with a direction that the petitioner may file
appropriate complaint before the Magistrate. However, till today, no
such complaint came to be filed by the petitioner and this fact is
required to be noted.
In
view of above, it clearly appears that District of Sabar Kantha is
not involved, so far as this petition is concerned, and A.C.P. Mr.
Mehta of Surat District is directed to make intensive search in
respect of the application filed by the petitioner at Kapodra Police
station about missing family members of the petitioner for which this
petition is filed. We discharge the Police Officers of Sabar Kantha
District in respect of subject matter of this petition.
Next
Report to be submitted on record by A.C.P., Surat, on 11.11.2008.
S.O. to 11.11.2008.
(J.
R. VORA, J.)
(Z.K.SAIYED,
J.)
sas
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