TUSHAR KANTILAL KANAKHARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The applicant - original petitioner has preferred present application seeking for the following main reliefs :-

(2.) As per the case of the applicant, the applicant is running a mobile shop in the name and style of "S.K. Mobile" for maintenance of his family. The father of the applicant also helps the applicant in the mobile shop. The accused persons named in the complaint are the police personnel and are serving with LCB, Jamnagar.

(3.) The grievance of the applicant is that though this Court while passing order in Special Criminal Application No.3603 of 2019 dated 1/5/2019 directed the respondent authority to consider the decision of the Lalita Kumari Vs. State of Uttar Pradesh and others, reported in (2014) 2 SCC 1 bearing in mind the ratio laid down by the Apex Court in the said decision, the respondent No.2 was required to depute the officer not below the rank of P.I. / P.S.I., who is bound to look into the matter and lodge the FIR, if any, cognizable offence is made out, if not, for the limited purpose of knowing as to whether cognizable office is reveled, a preliminary inquiry shall be conducted, the FIR has not been registered and the respondent authority has not complied with the directions of this Court.