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SCR.A/2167/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 2167 of 2011
=========================================
GAMBHIRSINH
RAMCHARAN SHRIVAS - Applicant(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================
Appearance :
MR
HARISH K BAROT for
Applicant(s) : 1,
MR LB DABHI, ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
None for Respondent(s) : 2 -
3.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 26/08/2011
ORAL
ORDER
1. Present
Special Criminal Application has been preferred by the petitioner –
original complainant for the following reliefs:
7(A) That this
Honourable Court will be pleased to issue appropriate writ, order or
direction in the nature of mandamus or certiorari or any other
appropriate writ, order or direction to direct respondent No.1 to
order to transfer the investigation of the offence being C.R. No.I-84
of 2011 A.D. registered with Bopal Police Station to State CID
(Crime) or to any other independent Police Agency or to the Central
Bureau of Investigation;
(B) That this
Honourable Court will be pleased to stay the further investigation
into the offence by the Investigating Agency of Bopal Police Station
into the offence being C.R. No.I-84 of 2011 A.D. Registered with
Bopal Police Station till and pending hearing and final disposal of
this petition;
(C) That this
Honourable Court will be pleased to restrain the respondents or their
agents from submitting any report before the competent Magistrate
Court either for taking cognizance or praying for a Summary of A, B
or C under section 158 or 169 of the Criminal Procedure Code or
otherwise in connection with C.R.No.I 84 of 2011 registered with
Bopal Police Station, till and pending hearing and final disposal of
the petition;
2. At the outset
it is required to be noted that as the FIR has been lodged only on
or about 8th August 2011, sufficient time it to be given
to the concerned Investigating Officer to investigate into the case
and if thereafter it is found that the investigation has not been
conducted in a fair and impartial manner and/or in the right
direction, the prayer of the petitioner can be considered.
Considering the above, present Special Criminal Application is not
entertained at this stage. However, in the facts and circumstances
of the case and considering the case on behalf of the petitioner that
the FIR was lodged only after the order passed by this Court in
Special Criminal Application No.1809/2011 and the concerned I.O.
might not investigate the case properly and/or in right direction, it
is directed that the investigation of the said FIR be supervised by
the higher Officer not below the rank of Dy.S.P., Ahmedabad (Rural)
and no final report shall be submitted by the concerned I.O. without
prior approval of the said Officer.
3. With this,
present Special Criminal Application is disposed of at this stage.
Direct service is permitted.
(M.R.
Shah, J.)
*menon
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