The petitioner has filed this petition under Articles 226 and 227 of the Constitution of India with the following main prayer:
"[B] Be pleased to issue a Writ of Certiorari or any other appropriate Writ, Order or direction quashing and setting aside the Judgment and Order dated 9-9-11 passed by Ld. 5th Additional [Adhoc] Sessions Judge, Surat, in Criminal Revision Application No.334/10, and Order dated 9-7-2010 passed by 3rd Additional Senior Civil Judge and Additional Chief Judicial Magistrate, Surat, in Cr.M.A. NO.9/10 [Annexure-A collectively] after holding the same as contrary to law and evidence on record and further be pleased to direct the respondents to register the F.I.R. Against the accused pursuant to complaint dated 15-9-08 [Annexure-B collectively] and carry out investigation as per law after holding the inaction of respondent no.2 and 3 as arbitrary and illegal".
2. Heard learned advocate for the petitioner and learned APP for the respondent - State of Gujarat.
3. It is submitted that the subject vehicle bearing registration No.GJ-5-CA-5690 was initially registered with R.T.O., Surat, and as per the date of registration i.e. 07.01.2003, name of the owner is shown as Dilip Dinkar Dighe. Later on, the said vehicle was transferred in the names of various persons and considering overall facts and circumstances of the case, I am inclined to quash and set aside the impugned orders passed by the courts below and hereby direct the the respondent No.3 to register the offence and carry investigation in accordance with law.
4. This petition is allowed to the aforesaid extent only.
[Anant S. Dave, J.] *pvv Top