DEVENDRA D PATKAR Vs. STATE OF GUJARAT
LAWS(GJH)-2012-2-446
HIGH COURT OF GUJARAT
Decided on
February 23,2012
DEVENDRA D PATKAR
Appellant
VERSUS
STATE OF GUJARAT
Respondents
JUDGEMENT
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(1.)THE present petition under Article 226 of the Constitution of India has been preferred by the petitioner herein ? original complainant for the following main reliefs:
"12(a) Call for the Investigation Papers in FIR No.II 15 of 2008 lodged before Sector No.7 Police Station, Gandhinagar and be pleased to examine the same; (b) Be pleased to quash and set aside the order dated 29.08.2008 passed by the 7th Additional Senior Civil Judge and JMFC, Gandhinagar refusing grant of Remand to the Opponent No.3 and be pleased to consequentially grant Remand to the Opponent No.3 as prayed for; (c) Be pleased to order and direct any other agency other than officers of Sector No.7 Police Station, Gandhinagar to inquire and investigate the offence being FIR No.II 15 of 2008 afresh and also be pleased to stipulate the period for such investigation; (d) Be pleased to order and direct the Respondent No.2 and/or such other investigating Officer appointed, to incorporate the appropriate additional provisions of law applicable in the facts and circumstances of the case in respect of FIR II 15 of 2008 of Sector 7 Police Station; (e) Be pleased to order and direct the Respondent No.2 and/or any such investigation officer, having been appointed to prefer an appropriate application for effective investigation of the Respondent No.3 and 4 in respect of FIR II 15 of 2008 lodged before Sector No.7 Police Station, Gandhinagar. (f) Be pleased to order and direct Respondent Nos.5 to 7 to initiate action against the Respondent No.2 for the acts of omissions as stated in the memo of the Petition, to be conducted within a time bound period and to produce a report thereof for further action and report before this Hon'ble Court."
(2.)TODAY when the present petition is taken up for hearing, Mr.Padmraj K. Jadeja, learned advocate appearing on behalf of the petitioner seeks permission to withdraw the present petition.
Permission is accordingly granted. The present petition is dismissed as withdrawn. Rule is discharged. Ad-interim relief, if any, stands vacated forthwith.
"12(a) Call for the Investigation Papers in FIR No.II 15 of 2008 lodged before Sector No.7 Police Station, Gandhinagar and be pleased to examine the same; (b) Be pleased to quash and set aside the order dated 29.08.2008 passed by the 7th Additional Senior Civil Judge and JMFC, Gandhinagar refusing grant of Remand to the Opponent No.3 and be pleased to consequentially grant Remand to the Opponent No.3 as prayed for; (c) Be pleased to order and direct any other agency other than officers of Sector No.7 Police Station, Gandhinagar to inquire and investigate the offence being FIR No.II 15 of 2008 afresh and also be pleased to stipulate the period for such investigation; (d) Be pleased to order and direct the Respondent No.2 and/or such other investigating Officer appointed, to incorporate the appropriate additional provisions of law applicable in the facts and circumstances of the case in respect of FIR II 15 of 2008 of Sector 7 Police Station; (e) Be pleased to order and direct the Respondent No.2 and/or any such investigation officer, having been appointed to prefer an appropriate application for effective investigation of the Respondent No.3 and 4 in respect of FIR II 15 of 2008 lodged before Sector No.7 Police Station, Gandhinagar. (f) Be pleased to order and direct Respondent Nos.5 to 7 to initiate action against the Respondent No.2 for the acts of omissions as stated in the memo of the Petition, to be conducted within a time bound period and to produce a report thereof for further action and report before this Hon'ble Court."
(2.)TODAY when the present petition is taken up for hearing, Mr.Padmraj K. Jadeja, learned advocate appearing on behalf of the petitioner seeks permission to withdraw the present petition.
Permission is accordingly granted. The present petition is dismissed as withdrawn. Rule is discharged. Ad-interim relief, if any, stands vacated forthwith.
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