Gujarat High Court
Mrudul Balubhai Hadiya vs State Of Gujarat & 6 on 5 July, 2017
Author: A.J.Desai
Bench: A.J.Desai
R/SCR.A/3839/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 3839
of 2017
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MRUDUL BALUBHAI HADIYA....Applicant(s)
Versus
STATE OF GUJARAT & 6....Respondent(s)
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Appearance:
MR ASHISH M DAGLI, ADVOCATE for the Applicant(s) No. 1
MR LB DABHI, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE A.J.DESAI
Date : 05/07/2017
ORAL ORDER
1. Rule. Learned APP waives service of notice of Rule on behalf of respodent - State.
2. The main grievance of the petitioner is that different FIRs have been lodged by the different police stations either in the Surat District or in the Navsari District in connection with the allegations that the petitioner has committed offences punishable under Sections 406, 407, 420, 114, 120(B),467, 468 and 471 etc. of the IPC and under Sections 3 and 4 of the Prize and Money Distribution Scheme Act, 1978 alleging that the complainant has not received the prize as assured by the petitioner and other accused.
3. It is also the case of the petitiooner that initially an FIR was registered at Navasari Police Station and subsequent thereto, another FIR has been lodged at Surat District making similar allegations. It is also the case of the petitioner that since the allegations made against the petitioner are as regards to the Page 1 of 3 HC-NIC Page 1 of 3 Created On Sun Jul 23 14:33:05 IST 2017 R/SCR.A/3839/2017 ORDER scheme floated under the name of 'Mayur Pankh Prize Scheme", the Investigating Agency should forward such FIR/ application along with FIR offence registered with Navsari Police Station. It is also the grievance of the petitioner that he has to unnecesary face different FIRs though the allegations are with regard to the said scheme only.
4. Mr. Ashish Dagli, learned advocate appearing for the petitioner, would submit that the representation has been made to the Police Commissioner, Surat to look into such FIR/application, however, no action has been taken. He, therefore, would submit that appropriate order may be passed.
5. Mr.L.B.Dabhi, learned APP, opposed this petition.
6. I have heard learned advocate appearing for the petitioner and the learned APP appearing for the respondent - Sate. Perused the FIR lodged in Surat District and subsequent to Navsari District as well as the representation made by the petitioner and considering the peculiar facts and circumstances of the case, the allegations made by the such persons, who have not received money under the scheme floated under the name of "Mayur Pankh Prize Scheme", I am of the opinion that the present petition can be disposed of by directing the Police Commissioner, Surat. Hence, the following order:
[i] The Police Commissioner, Surat is hereby directed to consider any application received making allegations against the petitioner in connection with the schme floated under the name of "Mayur Pankh Prize Scheme" and shall examine the same Page 2 of 3 HC-NIC Page 2 of 3 Created On Sun Jul 23 14:33:05 IST 2017 R/SCR.A/3839/2017 ORDER and shall take appropriate steps including recording the statement of the petitioner before Navsari Police Station or before Puna Police Station, Surat City.
7. Rule made absoltue to the aforesaid extent. Direct service is permitted.
(A.J.DESAI, J.) *Kazi...
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