Gujarat High Court Case Information System
Print
SCR.A/1717/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1717 of 2011
======================================
ADAMBHAI
REHMANBHAI NAI (SAMA) - Applicant
Versus
STATE
OF GUJARAT & 2 - Respondents
======================================
Appearance :
MR
MUKUL SINHA for the Applicant.
MR KP RAWAL, APP for the
Respondents.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 24/08/2011
ORAL
ORDER
1. The
present petition under Article 226 of the Constitution of India has
been preferred by the petitioner – original complainant for the
following main reliefs:
“12(A) YOUR
LORDSHIPS be pleased to issue appropriate writ, order or direction
and be pleased to call for the record and proceedings of the offence
registered as C.R.No.I-57 of 2011 with Viramgam Rural Police Station,
Ahmedabad Rural and after perusing the same be pleased to transfer
the investigation of the above offence to CBI in the interest of
justice and or other investigating team for impartial investigation;
(B) YOUR
LORDSHIPS be pleased to transfer the investigation of the offence
registered as C.R.No.I-57 of 2011 with Viramgam Rural Police Station,
Ahmedabad (Rural) to CBI and direct to complete the investigator as
expeditiously as possible and or any other investigating team for
impartial investigation;
(C) YOUR
LORDSHIPS be pleased to direct the respondent to submit the report
and the case diary of the above offence to show the reason for delay
in taking appropriate steps and not initiating appropriate steps of
arrest immediately against the accused persons in the interest of
justice;
2. The
main grievance, which is voiced in the present petition is that there
is a total lapse in the investigation by the concerned Investigating
Officer and even main accused – Kamruddin Valibhai Sidani is
yet not arrested. It is submitted that the offences alleged are very
serious offences punishable under Sections 302, 325, 324, 147, 148
and 149 of the Indian Penal Code. Therefore, it is requested to
consider prayer of the petitioner to transfer the investigation.
3. In
response to the Notice issued by this Court, Mr.K.P.Rawal, learned
Additional Public Prosecutor has appeared on behalf of the
respondents and has denied the allegation that there is any lapse on
the part of the concerned Investigating Officer. Affidavit-in-reply
filed on behalf of respondent No.2 submitting the steps taken by the
Investigating Officer to arrest absconding accused – Kamruddin
Valibhai Sidani. It is further submitted that even warrant under
Section 70 of the Code of Criminal Procedure has been obtained and
despite the best efforts, absconding accused could not be arrested.
It is further submitted that even Public Notice in the local
newspaper namely “Divyabhaskar” has also been published
along with photograph of the absconding accused – Kamruddin Valibhai
Sidani on 22/08/2011. Even a report has been submitted before the
learned Judicial Magistrate, First Class, Viramgam on 20/08/2011
requesting learned Judicial Magistrate, First Class, Viramgam to
issue proclamation under Section 82 of the Code of Criminal Procedure
and order of the learned Judicial Magistrate, First Class, Viramgam,
is awaited.
4. Having
heard Learned advocates appearing on behalf of the respective parties
and considering the above, it appears to the Court that further
opportunity should be given to the investigating Officer to trace out
the whereabouts of the absconding accused – Kamruddin Valibhai
Sidani. As it is reported that a report is already submitted before
learned Judicial Magistrate, First Class, Viramgam for proclamation
under Section 82 of the Code of Criminal Procedure.
Learned
Judicial Magistrate, First Class, Viramgam is hereby directed to
consider the same and to pass appropriate order on the same
immediately but not later than three days from the date of receipt of
writ of the present order. S.O. to 09/09/2011. Copy of this
order be given to the concerned Investigating Officer so as to
produce the same before learned Judicial Magistrate, First Class,
Viramgam.
Direct
service is permitted.
[M.R.SHAH,J]
*dipti
Top