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SCR.A/68/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 68 of 2010
=========================================================
NARESHBHAI
FULABHAI PATEL & 3 - Applicant(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance
:
MR
ABHIRAJ R TRIVEDI for
Applicant(s) : 1 - 4.
PUBLIC PROSECUTOR for Respondent(s) : 1,
MS
JIRGA D JHAVERI for Respondent(s) : 2,
DS AFF.NOT FILED (N) for
Respondent(s) :
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 31/08/2010
ORAL
ORDER
Petitioners
are original accused. They seek transfer of the criminal complaint
lodged by the respondent No.2 herein before Katargam Police Station,
District Surat being C.R.No.I- 128 of 2008 mainly on the ground that
no part of the allegations pertains to the jurisdiction of the said
police station.
Upon
perusal of the documents on record and upon hearing learned counsel
appearing for the parties, I find that the complaint alleges
commission of the acts while the respondent No.2 was residing with
the husband and other relatives at Vadodara. There is no allegation
relating to Surat where the complainant is residing with her parents
at present. Under the circumstances, further investigation by
Katargam Police Station would not be permissible. It is directed that
the In-charge of the Police Station shall transfer the complaint
along with the investigation carried out so far to the appropriate
police station at Vadodara which has jurisdiction over the area where
the petitioner resided and where the complainant resided with her
in-laws. Further investigation shall be carried out by said police
station at Vadodara and upon completion of investigation, a report be
filed before the concerned Court expeditiously.
With
the aforesaid observations and direction, the petition stands
disposed of. Notice stands discharged.
(
AKIL KURESHI, J. )
kailash
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