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LPA/1469/2010 1/ 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 1469 of
2010
=================================================
MEHBOOB
YUSUFBHAI JAMAL - Appellant(s)
Versus
STATE
OF GUJARAT & 8 - Respondent(s)
=================================================
Appearance
:
MRS
SHILPA R SHAH for Appellant(s) : 1,
GOVERNMENT PLEADER for
Respondent(s) : 1,
None for Respondent(s) : 2 -
9.
=================================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 14/07/2010
ORAL
ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
This
appeal under clause 15 has been preferred against an order dated
13.05.2010 passed by the learned Single Judge in Special Criminal
Application No. 588 of 2010, wherein an allegation was made that the
accused was not produced before the Magistrate and the authorities
applied uncivilized methods and caused injuries as shown in the
photographs. After taking into consideration the report submitted by
the learned APP which revealed that except general body pain and
itching on knee there is no other complaint made by the applicant and
a certificate was also issued by the Civil Hospital, Godhra to that
extent, learned Single Judge refused to entertain the writ petition.
Apart
from the fact that the appeal under clause 15 of the Letters Patent
is not maintainable in an order passed in exercise of criminal
jurisdiction, on merit also, we find no reason to interfere with the
order passed by the learned Single Judge. The appeal is accordingly
dismissed.
(S.J.
MUKHOPADHAYA, C.J.)
(K.M.
THAKER, J.)
[sn
devu] pps
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