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SCR.A/2450/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 2450 of 2010
=========================================================
NAVINBHAI
JETHALAL SHAH - Applicant(s)
Versus
STATE
OF GUJARAT & 4 - Respondent(s)
=========================================================
Appearance
:
MR
RAJESH K SHAH for
Applicant(s) : 1,
MR KP RAVAL, ADDL.PUBLIC PROSECUTOR for
Respondent(s) : 1,
None for Respondent(s) : 2 -
5.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 16/12/2010
ORAL
ORDER
By way of this petition under
Article 226 of the Constitution of India, the petitioner has prayed
for the following reliefs in para 13:-
“(A) Your
Lordships may be pleased to admit and allow this application.
(B) Your
Lordships may be pleased to issue writ of mandamus direction, order
in nature of mandamus by directing respondent No.2 – Police
Inspector Kagdapith Police Station to take appropriate steps against
the subordinate In-charge of Investigation Officer of Application
dated 16.10.2010 (Ann.A)
(C) Your
Lordships may be pleased to direct the respondents not to harass or
not to take any coercive action against the petitioner.
(D)
Your Lordships may be pleased to direct the respondent No.2 to
produce action taken report before the Honourable Court.
(E) Grant
such other and further reliefs that may be deemed fit and proper in
the facts and circumstances of the case:”
On
the advance copy being given, Mr.K.P. Raval, learned Additional
Public Prosecutor has appeared on behalf of the respondents –
authorities, more particularly respondent No.2 – Police
Inspector, Kagdapith Police Station and he has stated at the bar
under the instructions of the Mr.B.B. Bhagora, 2nd Police
Inspector, Kagdapith Police Station that the petitioner
shall not be called to the Police Station unless
required in any criminal proceedings. The respondent No.2 has also
also stated at the bar that henceforth he will see to it that unless
any criminal proceedings are initiated, he shall not call anybody to
the police station so as to cause unnecessary harassment.
In
view of the above, Mr.Shah, learned
advocate appearing
on behalf of the petitioner seek does not press the
present petition.
In
the peculiar facts of the case, the respondent No.2 – Mr.B.B.
Bhagora, 2nd Police Inspector, Kagdapith Police Station
is hereby directed to act as per his statement recorded hereinabove.
Present
petition is accordingly disposed of as not pressed.
[M.R.
SHAH, J.]
rafik
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