JUDGEMENT
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(1.) BY this writ petition under Article 226 of the Constitution of India, the petitioner, a resident of village Kodinar, has prayed for the following reliefs:
"32 a). This Hon'ble Court may be pleased to issue appropriate, writ, order or direction in the nature of mandamus, prohibition or any other appropriate writ, order or direction directing the respondent No.1 State Government to take an appropriate action penal as well as disciplinary against the erring police officers of Kodinar Police Station.
b) This Hon'ble Court may be pleased to issue appropriate writ, order or direction directing the respondent authorities to constitute a Special Team of Investigation for inquiry and investigation of the series of complaints made by the petitioner, registered or unregistered and produced along with this petition against the sitting Member of Parliament Shri Dinubhai Boghabhai Solanki, his family members, associates and others and to take an appropriate action in accordance with law against all who may be found guilty by such inquiry or investigation.
c) This Hon'ble Court may be pleased to issue interim directions to the District Superintendent of Police to look into the various complaints of the petitioner produced along with this petition on and from 10th February, 2013 and to submit a report of investigation of the petitioner's complaints Annexure W, X, Y, Z3, and representation at AnnexureK within a reasonable time as may be deemed just, fit and proper and to constitute the Special Investigation Team to inquiry into and to submit report to this Hon'ble Court into these occurrences for taking steps under the law of the land as may be deemed just, fit and expedient to this Hon'ble Court.
d) This Hon'ble Court may be pleased to pass such other and further orders as the nature and circumstances of the case may required."
(2.) IT appears from the materials on record that vide order dated 28.03.2014, the prayer in terms of paragraph No.32 a) was permitted to be deleted.
(3.) THE case of the petitioner herein may be summarized as under:
3.1 It is the case of the petitioner that he is being harassed by one Shri Dinubhai Boghabhai Solanki, a member of the parliament and his associates. It is his case that despite bringing it to the notice of the highest police authorities of the State as regards the criminal activities, the police has turned a blind eye and refuses to take any steps in that regard in accordance with law. It is his case that Shri Solanki habitually indulges in the antisocial activities and has not spared even a senior manager of the Ambuja Cement Company. It is his case that an application dated 06.06.2003 was submitted to the Secretary, Vigilance Commission, Gujarat State, in that regard, with a prayer to take appropriate action against the erring persons. The petitioner has quoted many incidents of administration of threats and harassment.
On behalf of the State, an affidavitinreply has been filed duly affirmed through the Deputy Superintendent of Police, Veraval. In the affidavitinreply, it has been stated that the allegations levelled by the petitioner in the petition are without any foundation and baseless. It is stated that since the petitioner lost the election of the Kodinar Municipality, he has some personal grievance against Shri Solanki. It is further stated that the petitioner is in the habit of pressurizing the police. In the affidavitinreply, few details regarding the cases registered against Shri Solanki and the outcome of those cases have been stated. It has also been stated that appropriate police protection was also provided to the petitioner herein. In short, the sum and substance of the affidavitinreply filed on behalf of the State is that there is no merit in this writ petition and the same deserves to be rejected.;
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