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CR.MA/8503/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8503 of 2008
=========================================================
GOVINDBHAI
CHAGANBHAI BHALODIA - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance :
MR
EE SAIYED for Applicant(s) : 1,MR SIKANDER SAIYED
for Applicant(s) : 1,
PUBLIC PROSECUTOR for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MS.JUSTICE H.N.DEVANI
Date
: 01/07/2008
ORAL
ORDER
1. Heard
Mr. E.E. Saiyed, learned advocate for the petitioner.
2. It
is submitted that upon the complaint made by the respondent No.2 ?
complainant, the learned Judicial Magistrate after taking cognizance
of the complaint, has examined the complainant on oath and
thereafter, has adopted a totally different mode, whereby instead of
ordering inquiry under section 202 of the Code of Criminal Procedure,
1973 (the Code), the learned Magistrate has directed the concerned
police officer in charge of the Upleta Police Station to register a
first information report under section 154 of the Code. It is
submitted that the procedure adopted by the learned Magistrate is not
in consonance with the provisions of the Code.
3. Considering
the submissions advanced by the learned advocate for the petitioner,
issue Notice returnable on 6th August, 2008. By way of ad
interim relief, the impugned order dated 25th June, 2008
passed by the learned Judicial Magistrate First Class, Upleta,
whereby he has directed the Police Inspector, Upleta to register a
first information report under section 154 of the Code, is hereby
stayed.
4. Mr.
K.P. Raval, learned Additional Public Prosecutor waives service of
notice on behalf of respondent No.1 ? State of Gujarat.
(HARSHA
DEVANI, J.)
shekhar/-
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