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SCR.A/2269/2009 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 2269 of 2009
=========================================================
SHILPABEN
RAHULBHAI LADANI - Applicant(s)
Versus
STATE
OF GUJARAT & 3 - Respondent(s)
=========================================================
Appearance
:
MR
HARESH H PANDYA for
Applicant(s) : 1,
MR DEVANG VYAS, APP for Respondent(s) : 1,
None
for Respondent(s) : 2,
RULE SERVED BY DS for Respondent(s) :
3,
RULE UNSERVED for Respondent(s) :
4,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 12/01/2010
ORAL ORDER
(Per
: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
1. The
allegations made in the application are serious and serious because
it is alleged that though there are repeated directions issued by the
Hon’ble the Apex Court to register a complaint on its presentation,
the police personnel at Kotda Sangani Police Station did not register
the complaint though an application was given to the concerned Police
Sub Inspector on 28.09.2009. It is recorded with pain that despite
repeated directions by the Hon’ble the Apex Court, the police
authorities do not register the complaint.
It
was only after the petitioner approached this Court by filing the
present petition on 11.11.2009, wherein Rule was issued by this Court
(Coram: Hon’ble Mr. Justice D.H.Waghela and Hon’ble Mr. Justice
K.M.Thaker) making it returnable on 17.11.2009. The petitioner was
made to give new application on 26.11.2009 and that was registered as
complaint on 26.11.2009, despite the fact that a specific allegation
is made in the petition, no reply is filed explaining as to why the
application dated 28.09.2009 was not registered by the concerned
Police Officer.
2. Learned
APP, on instructions from Mr.N.P.Badva, Police Sub Inspector of
Kotdasangani Police Station (as on today), apprises the Court that
one Mr. Shaikh was the concerned Police Sub Inspector at the relevant
time.
3. Learned
advocate for the petitioner seeks permission to implead said Shri
Shaikh as party respondent and prays for leave to amend the prayer
clause of the petition to pray appropriate reliefs against the Police
Officer.
4. Request
is granted. The amendment shall be carried out during the course of
the day. The Registry to issue NOTICE to the newly added respondent
returnable on 20.01.2010. The officer does not deserve any legal
assistance from the office of the Government Pleader. He must appear
either in person or through an advocate of his own on the next
returnable date.
5. The
respondents to report the concrete progress in the matter on the
returnable date.
[RAVI
R.TRIPATHI, J.]
[J.C.UPADHYAYA,
J.]
mrpandya
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