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SCR.A/2574/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 2574 of 2010
=========================================================
MADHUSOODAN
NENSHIBHAI KAKKAD - Applicant(s)
Versus
STATE
OF GUJARAT & 5 - Respondent(s)
=========================================================
Appearance
:
PARTY-IN-PERSON
for
Applicant(s) : 1,
MR LR PUJARI, ADDL.PUBLIC PROSECUTOR for
Respondent(s) : 1,
NOTICE SERVED BY DS for Respondent(s) : 2,
4,
SERVED BY RPAD - (N) for Respondent(s) : 3,
DS AFF.NOT FILED
(N) for Respondent(s) : 5 -
6.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 25/04/2011
ORAL
ORDER
1. Heard
Shri Madhusoodan Nenshibhai Kakkad, petitioner – party-in-person and
learned APP Mr.L.R.Pujari for the State.
2. Following
prayers are made by the petitioner which read as under:
“(A)
This Hon’ble Court be pleased to admit and allow this petition.
(B)
This Hon’ble Court be pleased to pass orders to the Investigating
Agencies to submit reports under Sec.173(8) of Cr.P.C. i.e. “B”
summary with prosecution against opponent Nos.5 and 6.
(C)
This Hon’ble Court be pleased to pass orders to initiate
investigation for the matters vide N.C. No.204/2009, 205/2009, a case
vide C.R.No. I – 243/2009 u/s.354 of IPC to an independent
investigating agency.
(D)
This Hon’ble Court be pleased to initiate inquiry against opponent
Nos.3 and 4 for misconduct and showing undue favours to opponent
Nos.5 and 6 to an independent investigating agency.”
3. It
is submitted by party-in-person that aforesaid prayer (C) is made in
reference to C.R.No.I – 243/09 for the offence punishable under
Section 354 of Indian Penal Code. It is also submitted by
party-in-person that, as far as FIR in question is concerned, it is
not correct in eye of law in terms of place, date, time and
witnesses and so it is required to be quashed.
4. It
is submitted by learned APP Mr.L.R.Pujari, on instructions, that as
far as C.R.No.I – 243/09 is concerned, in this case chargesheet
is already filed.
5. In
view of the same, remedy is available to the petitioner to submit an
application for discharge and/or for dropping of proceedings before
the trial court under the provisions of the Code of Criminal
Procedure, and without availing this remedy the petitioner has
straightway approached this Court.
6. As
observed by this Court, when remedy is available to the petitioner to
approach the trial court as chargesheet is filed, and if
such application is moved by the present petitioner before the trial
Court, then the trial court shall decide the same in accordance
with law and on its own merits after giving full opportunity of
hearing to the present petitioner. The petitioner can raise all the
contentions before the trial court which are raised by the petitioner
in this petition and the trial court will deal with all these
contentions in accordance with law and on its own merits in without
being influenced by the order passed by this Court.
7. In
view of the aforesaid observation and direction, the application is
disposed of.
(M
D SHAH, J.)
syed/
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