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2025 DAILYLAW 3472 (GUJ)

RAMILABEN @ MAMI VIRUBHAI PANNALAL JOSHI v. STATE OF GUJARAT

SCR.A/6938/2025 · 2025-07-25

Hasmukh D Suthar

body2025

Judgment text

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R/SCR.A/6938/2025 ORDER DATED: 25/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 6938 of 2025 ========================================================== RAMILABEN @ MAMI VIRUBHAI PANNALAL JOSHI Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MS JAYSHREE C BHATT(170) for the Applicant(s) No. 1 MS SHRUTI PATHAK, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 25/07/2025 ORAL ORDER By way of present petition under Article 226 of the Constitution of India, the petitioner has prayed for the following relief: “Be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or directions directing the respondent No.2 herein not to file unnecessary FIR against the present petitioner in undetected / Binvarsi prohibited Muddamal liquor;” Having heard the learned advocate for the petitioner and learned APP for the respondent No.1 – State of Gujarat and perusing the record it appears that the respondent authorities are perforing their statutory obligation and duty and hence, no writ of mandamus or any direction is required to be issued restricting the respondent authority from performing their legal or statutory duty. It is needless to say that it is the duty of police to inquire any offence impartially in fair manner and merely on the basis of assumption of petitioner, no direction can be issued in present petition. R/SCR.A/6938/2025 ORDER DATED: 25/07/2025 In view of the above, no case is made out to pass any blanket order or direction directing the respondent authorities not to register an offence or not to arraign the petitioner as an accused in undetected or prohibition offence. Hence, present petition is dismissed. However, liberty is reserved in favor of the petitioner to avail appropriate remedy at relevant point of time, if she is having any grievance. It is made clear that this Court has not examined the merits of the case. (HASMUKH D. SUTHAR, J.) Ajay Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 25/07/2025 18:18:06