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CR.MA/11797/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11797 of 2011
=========================================================
DOLATRAM
TEKCHAND HARJANI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
KB ANANDJIWALA for
Applicant(s) : 1,
MR MAULIK NANAVATI, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 07/09/2011
ORAL ORDER
Mr.K.B.Anandjiwala,
learned advocate is appearing for the applicant. This bail
application is filed on 23.8.2011 before this Court.
Mr.Maulik
Nanavati, learned APP appearing for the respondent – State
submits that Investigating Officer – Mr. Ramgadiya, Police
Inspector, Crime Branch, Vadodara City, is already informed by him to
remain present today before this Court with police papers, but he did
not turn up.
It
is required to be noted that Additional Public Prosecutor or Public
Prosecutor is officer of this Court and when they are giving any
instruction to the Investigating Agency to appear before this Court
then it should be considered as instruction is given under the
direction of this Court. Today two persons are present before this
Court in civil dress. One is Mr.J. S. Geddam- Police Inspector
and Mr.Kamlesh – Writer. It is stated by Mr.J. S. Geddam that
he is instructed by Mr. Ramgadiya, Police Inspector to appear before
this Court. He is not Investigating Officer of this case and he is
never called by learned APP. I have inquired from Mr. J. S. Geddam-
Police Inspector whether Mr. Ramgadiya, Police Inspector is promoted
as D.C.P. or Dy.S.P. Mr.J. S. Geddam informed the Court that Mr.
Ramgadiya is simply Police Inspector and he is his colleague. I do
not understand how Mr.J. S. Geddam- Police Inspector is sent by
Mr. Ramgadiya, Police Inspector before this Court when both are
Police Inspector. Mr. Ramgadiya, Police Inspector is not on leave.
Mr. Nanavati submits that Mr. Ramgadiya, Police Inspector has gone
Anand for the custody of some other accused person. This conduct of
the Police Inspector can be said to be negligent conduct. How Mr.
Ramgadiya, Police Inspector can send Mr.J. S. Geddam- Police
Inspector before this Court.
Issue
notice to Mr. Ramgadiya, Police Inspector, D.C.B. Police Station,
Vadodara City Police Station returnable on 9.9.2011 to appear before
this Court. If Mr. Ramgadiya, Police Inspector fails then appropriate
action will be taken against him.
(Z. K. SAIYED,
J.)
kks
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