Khodaji Bhikhaji Thakor vs State Of Gujarat & 2 on 8 December, 2015

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Gujarat High Court

Khodaji Bhikhaji Thakor vs State Of Gujarat & 2 on 8 December, 2015

Bench: J.B.Pardiwala

                  R/SCR.A/4499/2015                                                   ORDER




                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 4499 of 2015

         ==========================================================
                           KHODAJI BHIKHAJI THAKOR....Applicant(s)
                                         Versus
                           STATE OF GUJARAT & 2....Respondent(s)
         ==========================================================
         Appearance:
         MR VIJAY H NANGESH, ADVOCATE for the Applicant(s) No. 1
         PUBLIC PROSECUTOR for the Respondent(s) No. 1
         ==========================================================

                  CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA

                                           Date : 08/12/2015


                                             ORAL ORDER

1 By this writ application under Article 226 of the Constitution of India, the petitioner - complainant has prayed for the following reliefs:

"29 (A) That this Honourable Court may be pleased to issue a writ of quo warrantor or a writ in the nature of quo warranto or any other appropriate writ, order or direction in the nature of quo warranto quashing and setting aside appointment of respondent No.3 as District Government Pleader (DGP) and Public Prosecutor, Ahmedabad by permanently restraining him from acting as the District Government Pleader (DGP) and Public Prosecutor, Ahmedabad in the interest of justice;

(B) Pending admission, hearing and final disposal of this petition, an interim injunction may kindly be granted staying the further operation, implementation and execution of the order of appointment of respondent no.3 and further be pleased to restrain respondent No.3 from acting as District Government Pleader (DGP) and Public Prosecutor, Ahmedabad in the interest of justice;

(C) That this Honourable Court will be pleased to call for record of appointment and extension order of the respondent No.3 in the interest of justice.

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HC-NIC Page 1 of 2 Created On Thu Dec 10 01:41:53 IST 2015 R/SCR.A/4499/2015 ORDER (D) That this Honourable Court will be pleased to pass such other and further reliefs as the nature and circumstances of the case may require." 2 Having heard the learned counsel appearing for the parties and having gone through the materials on record, I am of the view that this petition lacks in bona fide. The respondent No.3 is discharging his duties as the Assistant Public Prosecutor since last fifteen years. If the petitioner has any grievance to redress as regards the authority of the respondent No.3 to continue as the Assistant Public Prosecutor, he can take up the issue with the State Government in accordance with law. 3 With the above, this petition is rejected with costs of Rs.5,000/ to be paid to the respondent No.3 within a period of eight days from today.

(J.B.PARDIWALA, J.) chandresh Page 2 of 2 HC-NIC Page 2 of 2 Created On Thu Dec 10 01:41:53 IST 2015

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