Posted On by &filed under Gujarat High Court, High Court.


Gujarat High Court
Rajeshbhai vs State on 4 August, 2010
Author: Akil Kureshi,&Nbsp;
   Gujarat High Court Case Information System 

  
  
    

 
 
    	      
         
	    
		   Print
				          

  


	 
	 
	 
	 
	 
	 
	 
	 
	 
	


 


	 

SCR.A/1092/2010	 2/ 2	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

SPECIAL
CRIMINAL APPLICATION No. 1092 of
2010 
=========================================================

 

RAJESHBHAI
M RAO - Applicant(s)
 

Versus
 

STATE
OF GUJARAT & 14 - Respondent(s)
 

=========================================================
 
Appearance
: 
MR.B
K.RAJ for
Applicant(s) : 1, 
MS MANISHA L SHAH ASST. PUBLIC PROSECUTOR for
Respondent(s) : 1, 
None for Respondent(s) : 2 -
15. 
=========================================================


 
	  
	 
	  
		 
			 

CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE AKIL KURESHI
		
	

 

Date
: 04/08/2010 

 

ORAL
ORDER

1. The
petitioner is aggrieved by an order dated 26.05.2008, passed by the
learned Judicial Magistrate First Class, Vadodara below application
Exhibit-1 in Criminal Case No.3500 of 2008, by which, on the
complaint of the petitioner the learned Magistrate was pleased to
direct investigation under Section 202 of the Criminal Procedure
Code. It is the case of the petitioner that instead, the learned
Magistrate should have granted the prayer for investigation under
Section 156(3) of the Criminal Procedure Code.

2. Apart from the fact
that such an order is primarily one of the discretion of the learned
Magistrate, in the present case as already noted, such a discretion
was exercised way back in May, 2008. The petitioner, for more than
two years, took no steps to question that order.

3. It appears that, in
the meantime, the Police already submitted a report. The petitioner
is aggrieved by it and has requested for further investigation under
Section 156(3) of the Criminal Procedure Code, which request has been
turned down.

4. The petitioner has
approached this Court by filing Special Criminal Application
No. 1696 of 2009, which is ADMITTED and pending
for final hearing.

5. In
view of the above discussion, this petition is not entertained. The
petition is disposed of, accordingly. However, Special
Criminal Application No.1696 of 2009
shall be fixed for final hearing on 20th
August, 2010.

(AKIL
KURESHI, J.)

Umesh/

   

Top


Leave a Reply

Your email address will not be published. Required fields are marked *

* Copy This Password *

* Type Or Paste Password Here *

8 queries in 0.133 seconds.