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2025 DAILYLAW 6587 (GUJ)

DHAVALKUMAR HASMUKHLAL SHAH v. STATE OF GUJARAT

SCR.A/14827/2023 · 2025-06-26

Hasmukh D Suthar

body2025

Judgment text

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R/SCR.A/14827/2023 ORDER DATED: 26/06/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 14827 of 2023 ========================================================== DHAVALKUMAR HASMUKHLAL SHAH Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR BHAVIK R SAMANI(8339) for the Applicant(s) No. 1 NOTICE SERVED for the Respondent(s) No. 2 MR ROHAN N SHAH, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 26/06/2025 ORAL ORDER By way of present petition under Articles 226 and 227 of the Constitution of India, the petitioner has prayed for the following reliefs: “(B) This Honourable Court may be pleased to issue appropriate writ, order or direction directing the respondents to investigate the police officials who were involved in the illegal visit & threat in the petitioner’s home on 02/10/2023; (C) That this Hon’ble Court may be pleased to direct the respondent to look into the allegations made by the petitioner vide communication dated 05/10/2023 & stop the harassment & misuse of the police machinery against the petitioner, and that all guideline mentioned laid down by the Hon’ble Apex Court be followed;” Perusing the record it appears that the petitioner has made R/SCR.A/14827/2023 ORDER DATED: 26/06/2025 communication dated 02.10.2023 to the respondent authority which shall be considered by the respondent authority independently on its own merits and after taking into consideration the same and other materials, if any, if the Police Authority is of the view that the same discloses commission of a cognizable offence, then appropriate directions be issued for registration of the FIR forthwith at the concerned Police Station. However, the Police Authority, if after going through the materials, is of the view that no case is made out for registration of the FIR, then in such circumstances, he shall inform the petitioner in writing about the same by assigning reasons in brief, preferably within a period of four weeks from today. 5. With above direction, petition is disposed of. It is clarified that this Court has not gone into the merits of the matter. Direct service is permitted. (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 26/06/2025 18:41:55