Extracted from the PDF above. The PDF is authoritative.
R/SCR.A/8356/2024 ORDER DATED: 13/06/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 8356 of 2024 ========================================================== BHAGVANBHAI SHAMALBHAI PATEL & ORS. Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR. MAULIK M SONI(7249) for the Applicant(s) No. 1,2,3 MR ROHAN RAVAL, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 13/06/2025
ORAL ORDER
1. By way of this petition, the petitioner has prayed for appropriate direction, directing the police authority concerned to decide the application of the petitioner and to follow the procedure as prescribed under Section 160 of Cr.P.C and to take statement of petitioner Nos.2 and 3 at home.
2. Perusing the grievance of the petitioners, it appears that the petitioners were summoned by Dy. Superintendent of Police, Palanpur (at Annexure-C) to produce the evidence and to remain present before the authority.
3. In response to the said summons, the petitioners have replied vide application at Annexure-D on 01.07.2024 and submitted that they received notice, but as has sustained fracture, sought three days time to appear before the authority. Thereafter, rather of appear before the authority on 08.07.2024, after one week, he has filed present petition under Articles 226 of the Constitution of India. As the authority has ample power to investigate the offence and if any grievance qua investigation is there, alternative remedy is available under the law and therefore, in the instant case, no case is made out
R/SCR.A/8356/2024 ORDER DATED: 13/06/2025 to issue any direction in absence of any fundamental rights of the petitioners. As alternative remedy is available, it is not expedient to exercise jurisdiction merely asking to invoke powers.
4. In view of the above, petition is dismissed.
(HASMUKH D. SUTHAR,J) SUCHIT Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PATEL SUCHIT JAYESHBHAI(HC01083), Private Secretary, at High Court of Gujarat on 13/06/2025 18:16:30