Disposed

Jayantilal Nagarbhai Thakore v. State of Gujarat

Gujarat HC14 Feb 2022SCR.A/5765/2019

Case brief

AI extract

What is this about?

This special criminal application was disposed of as withdrawn. The Court clarified it made no observations on merits and directed the petitioner to approach the Magistrate regarding police inaction. Regarding police protection, the petitioner was informed of other legal remedies available.

What did the court decide?

Courtesy withdrawal of pleas; liberty to approach Magistrate regarding non-registration of FIR; justification for other legal remedies sought for security.

Jayantilal Nagarbhai Thakore Vs State of Gujarat — Writ and Judicial Review | Gujarat HC (2022)

¶1

R/SCR.A/5765/2019 ORDER DATED: 14/02/2022

¶2

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

¶3

R/SPECIAL CRIMINAL APPLICATION NO. 5765 of 2019

¶4

======================================================== JAYANTILAL NAGARBHAI THAKORE

¶5

Versus

¶6

STATE OF GUJARAT

¶7

======================================================== ==

¶8

Appearance:

¶9

MS TEJAL VASHI FOR MR JAY J JANI(9303) for the Applicant(s) No. 1 for the Respondent(s) No. 2,3,4

¶10

MS MAITHILI D MEHTA ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s) No. 1

¶11

========================================================

¶12

CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

¶13

Date : 14/02/2022

¶14

ORAL ORDER

¶15

Heard learned Advocate Ms. Tejal Vashi for learned Advocate Shri Jay Jani on behalf of the petitioner and learned Additional Public Prosecutor on behalf of the respondents.

¶16

Considering the prayers made in the present petition, learned Advocate Ms. Vashi would submit that if this Court were to pass appropriate orders with regard to the prayer for initiating appropriate proceedings against persons who are allegedly trespassing into the land of the present petitioner , she may not press this petition at this stage for the rest of the prayers. Having regard to the same present petition stands disposed of with liberty to approach the concerned Magistrate with the grievance that the police is not registering the FIR and whereas the learned Magistrate where such application may be preferred shall pass an appropriate order/direction in accordance with law with regard to the same.

¶17

With these observations application stands disposed of as withdrawn.

¶18

Page 1 of 2

¶19

R/SCR.A/5765/2019 ORDER DATED: 14/02/2022

¶20

It is clarified that this Court has not made any observations on the merits of the matter and whereas it would be for the petitioner to raise all allegations before appropriate forum in accordance with law.

¶21

It is further clarified that since the first part of the prayer is with regard to seeking police protection, if the present petitioner has an apprehension of threat to his life or property, he is at liberty to avail appropriate remedy which is available to him as under the law.

¶22

(NIKHIL S. KARIEL,J)

¶23

NIRU

¶24

Page 2 of 2

Jayantilal Nagarbhai Thakore v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Jayantilal Nagarbhai Thakore v. State of Gujarat

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

Havjibhai Varsingbhai Barjod Vs State of Gujarat

Hetal Vinodrai Bhatti Vs State of Gujarat

Chimanbhai Gabaldas Rana Vs State of Gujarat

Shardaben Jagdishbhai Raval Vs State of Gujarat

Bharatbhai Naranbhai Thakore Vs State of Gujarat

Pravinbhai Raychand Shah Thro Priyank Pravinbhai Shah Vs State of Gujarat