GANESHBHAI DHANJIBHAI MAVNAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned APP Ms. Archana Raval waives service of Rule for Respondent No.1-State of Gujarat.

(2.) THE present Petition has been filed by the Petitioner under Articles 226 and 227 of the Constitution of India as well as under Section 482 of the Code of Criminal Procedure, 1973 for the prayer that appropriate writ, order or direction may be issued for quashing and aside the order passed by the learned Additional Senior Civil Judge and JMFC, Palanpur dated 3.8.2012 on the report made by the Investigating Officer ("I.O") dated 31.7.2012 observing - "kept with the FIR".

(3.) LEARNED APP Ms. Archana Raval submitted that the underlying object is that the authority lies with the Magistrate whether to accept the report or not and the opportunity would be with the Petitioner � Complainant. However, she submitted that in view of this judgment, instead of report for deletion of some of the offences, appropriate report be filed by the I.O.