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Gujarat High Court

Malabhai Virabhai Chavda vs State Of Gujarat & on 20 September, 2016

Author: Sonia Gokani

Bench: Sonia Gokani

                  R/SCR.A/6929/2016                                                ORDER




                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 6929 of 2016

         ==========================================================
                         MALABHAI VIRABHAI CHAVDA....Applicant(s)
                                        Versus
                          STATE OF GUJARAT & 1....Respondent(s)
         ==========================================================
         Appearance:
         MR DIVYESH SEJPAL, ADVOCATE for the Applicant(s) No. 1
         MR RONAK RAVAL APP for the Respondent State
         ==========================================================

          CORAM: HONOURABLE MS JUSTICE SONIA GOKANI

                                      Date : 20/09/2016


                                       ORAL ORDER

1. The petitioner is aggrieved by insufficient and incompetent investigation and therefore has sought reinvestigation of the same in relation to the incident which have occurred prior to 29.01.2011. The First Information Report came to be lodged in the year 2013 being I-C.R.No.223 of 2013 lodged with Morbi City Police Station.

2. Mr.Sejpal, learned advocate appearing for the petitioner pointed out that, there are such glaring facts which have led the petitioner to insist on the reinvestigation. According to him, for sale deed of the year 1964, the entry was registered in the year 2010 and certified in the year 2011.

3. Moreover, in the communication of India Security Press,

(i) it specifies that Non-judicial Stamp paper with the Slogan 'Satyamev Jayate' is printed and implemented below the Page 1 of 2 HC-NIC Page 1 of 2 Created On Thu Sep 22 01:05:10 IST 2016 R/SCR.A/6929/2016 ORDER symbol of Ashok Chakra from 25.02.1977. And the wordings 'Gujarat' is written in Hindi language on right side, over the designs from 16.08.1967. He has also urged that, these papers could not have been of the year 1964 for various reasons and therefore this would require reinvestigation.

4. Let the Notice be issued making it returnable on 30.09.2016. Learned APP waives service of notice on behalf of respondent No.1 State. In the meantime, interim relief in terms of Para: 15(B) is granted.

Direct service is permitted.

(MS SONIA GOKANI, J.) Amit Page 2 of 2 HC-NIC Page 2 of 2 Created On Thu Sep 22 01:05:10 IST 2016