Date : 12/09/2017 ORAL ORDER
1. This petition is filed with a prayer seeking direction to the respondents to register an FIR pursuant to death of one Dhanalal Nanuram Chauhan of Sugar Naher Colony, Sayan, Olpad, who was initially apprehended and enlarged on regular bail in connection with an offence under report dated 12.08.2012.
2. The petition is of 2013 and on several occasions earlier, the matter is adjourned. When the matter is called out today in the second round, learned Advocate for the petitioner is not present and hence, the Court is left with no option but to proceed with the R/SCR.A/193/2013 ORDER matter with assistance of learned APP.
3. Learned APP has taken this Court through the pleadings in the petition, the complaint filed by the petitioner-wife of the deceased as well as postmortem report. Learned APP produced on record the report pursuant to the inquiry carried out under Section 174, CrPC. In the report, it is mentioned that the cause of death as per the hysto-pathological report is congestive heart failure and statements of the witnesses are recorded which indicate that in the midnight between 13/08 to 14/08, said Dhanalal suffered deterioration of his health, as a result of which he was taken to Jivanraksha Hospital at Sayan, where at around 9;30, he was declared as dead.
4. With report now on record, the petitioner would have remedy to object to such report before the Court or appropriate forum and hence, at this stage, the petition is not required to be entertained, with a liberty to the petitioner to either challenge the summary report produced herewith or to approach the Court of Magistrate under the provisions of CrPC.
5. With the aforesaid, the petition is dismissed. Notice is discharged. (A.Y. KOGJE, J.) R/SCR.A/193/2013 ORDER SHITOLE
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