DINESH CHANDUBHAI PATEL Vs. STATE OF GUJARAT AND ANR.
SUPREME COURT OF INDIA
Dinesh Chandubhai Patel
State of Gujarat And Anr.
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In Crl. A. No. 1164 OF 2016@ SLP (Crl.) No. 8105 of 2016 and In Crl. A. Nos. 1165-1168 OF 2016@ SLP(Crl.) Nos. 8149-8152 of 2016 -
(1.) Leave granted.
(2.) In these appeals, by special leave, the order dated 28.09.2016 passed by the High Court of Gujarat at Ahmedabad in Special Criminal Application Nos. 4357 and 4951 of 2016 respectively preferred under Section 482 of the Code of Criminal Procedure, 1973 (in short "the Cr.P.C.") for quashing of investigation is called in question. We do not intend to state anything with regard to the history of litigation. Suffice it to state, certain directions were issued under Article 226 of the Constitution in a petition and when the said was challenged in S.L.P. (Crl.) No. 4703 of 2016 this Court on 29.06.2016 after reproducing few paragraphs from the order of the High Court had directed as follows:-
"Regard being had to the narrow compass in which the grievance rests, we clarify that the aforesaid paragraphs are not to be treated as directions under Article 226 of the Constitution and if any F.I.R. is registered, the investigating agency shall proceed in accordance with law. If the petitioner is grieved with the same, he may approach the appropriate court which shall deal with the matter in accordance with law. Needless to say, when the matter would be dealt with by the appropriate court, it will be done independently without being influenced by any of the observation made in the impugned order. We may hasten to clarify that except our clarificatory observation, nothing shall be construed as an expression on merits of the case."
(3.) As the factual matrix would show, after the report was filed, a petition under Section 482 Cr.P.C. for quashing of the investigation into case ICR No. 90 of 2016 was registered with Khatodara Police Station under Sections 406, 420, 465, 467, 468, 471, 120(B) of the Indian Penal Code, 1860 (for short "the IP") and Sections 3(1)(v) and 3(1)(iv) of the Scheduled Castes and the Scheduled Tribes Prevention of Atrocities Act, 1989. On a perusal of the order passed by the High Court, it is manifest that it did not really advert to the merits of the case within the guidelines laid down by this Court in State of Haryana and Others v. Bhajan Lal and Others, 1992 Supp (1) SCC 335.;
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