Gujarat High Court
Jasminbhai Maheshbhai Shah vs State Of Gujarat & on 7 December, 2015
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/SCR.A/7059/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 7059 of 2015
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JASMINBHAI MAHESHBHAI SHAH....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MR JIGAR G GADHAVI, ADVOCATE for the Applicant(s) No. 1
MR NITIN T GANDHI, ADVOCATE for the Applicant(s) No. 1
MR JK SHAH, ADD. PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 07/12/2015
ORAL ORDER
1. By this writapplication under Article 226 of the Constitution of India, the petitioneroriginal complainant has prayed for the following reliefs: "7(A) Your Lordships may be pleased to issue a writ of mandamus or certiorari or any other writ in the nature of mandamus or certiorari and/or any other writ, order or direction directing respondent No.2 to decide application preferred under Section196 of the Criminal Procedure Code date 05.11.2014 (AnnexureD) expeditiously and pass necessary orders.
(B) Pending admission, hearing and final disposal of the present petition, Your Lordships may be pleased to direct respondent No.2 to consider the application dated 05.11.2014 (AnnexureD) and decide the same.
(C) To pass such other further order as deemed fit in the facts and circumstances of the case."
2. I am told that an application seeking appropriate sanction under Page 1 of 2 HC-NIC Page 1 of 2 Created On Wed Dec 09 02:19:32 IST 2015 R/SCR.A/7059/2015 ORDER Section196 of the Cr.P.C. is pending with the District Magistrate, Ahmedabad District. Such application was filed wayback on 05th November, 2014, however, it seems that till this date, no appropriate decision has been taken whether to accord sanction or not. The District Magistrate, Ahmedabad District shall look into the application seeking sanction, AnnexureD, Page33 to this petition at the earliest and take an appropriate decision in accordance with law preferably before 31st December, 2015. I clarify that I have otherwise not gone into the merit of the matter.
3. With the above, this petition is disposed of. Direct service is permitted.
(J.B.PARDIWALA, J.) aruna Page 2 of 2 HC-NIC Page 2 of 2 Created On Wed Dec 09 02:19:32 IST 2015