LAWS(GJH)-2021-7-91

RAJATKUMAR KANTIBHAI PATEL Vs. STATE OF GUJARAT

Decided On July 02, 2021
Rajatkumar Kantibhai Patel Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Rule. Learned APP waives service of rule on behalf of respondent-State.

(2.) The petitioner has filed this petition under Article 226 of the Constitution of India and under Section 482 of the Code of Criminal Procedure, 1973, (for short "the Code") seeking issuance of necessary appropriate write, order or direction to the respondents No. 1 to 3 to take appropriate action and hold an inquiry, investigation in connection with the threats given to the applicant by the then Investigating Officer respondent No.5 M.G. Chauhan, Police Sub-Inspector, Mahesana Taluka Police Station and respondent No.5 Dinesh, Officer of DSP Squad, Mahesana, in connection with FIR bearing C.R. No. I 57 of 2018 registered with Mahesana Taluka Police Station on dated 05.04.2018 for the offences punishable under Sections 354, 323, 427, 504, 506(2) and 114 of the Indian Penal Code and under Section 135 of the Gujarat Police Act.

(3.) Mr. Mahesh Bhavsar, learned advocate appearing on behalf of the applicant submitted that the applicant seeks personal protection, inquiry and investigation against the respondents no.5 and 6 for having demanded money in view of illegal gratification from the applicant. Learned advocate Mr. Bhavsar stated that Niyatiben, cousin sister of the present applicant had a family dispute with her husband, and alongwith Niyatiben, the applicant had gone to Umiya Plywood Industries at Mahesana on 03.04.2018 for the purpose of compromise. He proposed to file an FIR at "B" Division Police Station, Mahesana, but since the police had found a family dispute, asked him to settle the dispute, and therefore, he left the police station alongwith Niyatiben.