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Khetshi Hirji Shah vs State Of Gujarat &

High Court Of Gujarat|26 December, 2012

JUDGMENT / ORDER

Heard Mr. Oza, learned advocate for the petitioner.
It is submitted that the complaint/FIR is not investigated and steps have not been taken in pursuance of the FIR. It is also claimed that any arrest has not been made nor any steps of any nature appear to have been taken. However, when Mr. Oza, learned advocate for the petitioner, was asked to point out the allegations or subject matter of the FIR, learned advocate for the petitioner pleaded inability because the document purporting to be the FIR, which is placed on record at page nos.123 to 136, does not contain any allegation or any detail except the names of about 87 persons whose names have been mentioned as accused. Learned advocate for the petitioner made reference of various orders passed by the Court and the judgment delivered by the Division Bench and submitted that there have been serious breach of provisions of law, including the Panchayat Act, in disbursement and use of public money, donations and encroachment over the land. However, from the document on record, details qua any allegation in respect of which the petitioner wants investigation to be conducted and appropriate steps to be taken are not available. It, prima facie, appears that the document in question, i.e. the FIR, which is placed on record from page nos.123 to 136 is incomplete.
In this view of the matter, Mr. Oza, learned advocate for the petitioner, submitted that he will take necessary steps to examine the record and to gather the details of allegations which are contained in the FIR and place on record complete documents of FIR or will bring necessary details on record.
Therefore, at the request of Mr. Oza, learned advocate for the petitioner, time is granted.
S.O.
to 16.1.2013.
(K.M.THAKER, J.) kdc Page 2 of 2
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Title

Khetshi Hirji Shah vs State Of Gujarat &

Court

High Court Of Gujarat

JudgmentDate
26 December, 2012