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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/
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