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2018 (3) TMI 1944 - GUJARAT HIGH COURTMaintainability of prosecution - only argument canvassed by the learned counsel appearing for the writ-applicants that the Court below could not have taken cognizance of the offence under the Act on the police report - HELD THAT:- The issue raised in this writ-application is squarely covered by an order passed by this Court in PATEL DHARMENDRAKUMAR MADHAVLAL & 2 VERSUS STATE OF GUJARAT & 1 [2015 (4) TMI 1326 - GUJARAT HIGH COURT] where it was held that whatever materials have been collected by the Investigating Officer could be used by the authority for the purpose of filing a complaint before the competent court. There are no hesitation in accepting the submission canvassed by the learned counsel appearing for the writ-applicants having regard to the settled position of law, which has been explained in the referred order - application allowed.
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