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CR.MA/11195/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11195 of 2010
=========================================================
CHUNILAL
DHUDABHAI GANSAVA & 3 - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
HL
PATEL ADVOCATES for
Applicant(s) : 1 - 4.
PUBLIC PROSECUTOR for Respondent(s) :
1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 25/10/2010
ORAL
ORDER
Petitioners
are original accused in the complaint bearing C.R.No.I 5 of 2010
dated 19.01.2010 registered with Fatehpura Police Station, Dahod seek
quashing of the said complaint on the ground that they are falsely
involved and no offence as alleged has taken place. However, looking
to the contents of the complaint, I am of the opinion that powers of
quashing cannot be exercised.
Counsel
for the petitioner, however, submitted that the statement of the girl
recorded previously would reveal that the girl had left father’s
house on her own volition. However, these are questions to be gone
into by the investigating agency. It is by now well settled that it
is not as if that moment the allegation of cognizable non bailable
offence is made, the investigating officer must cause arrest of the
accused immediately. It is the discretion of the investigating
officer depending upon the facts and circumstances of the case and
whether and at which point of time the arrest will be necessary. With
respect to the contention of the petitioner that the girl had
herself left the father’s house which is clear on the basis of the
previous statement before the Magistrate and other authority, the
investigating agency shall examine all these aspects of the matter
while carrying out investigation and file appropriate report upon
completion of such investigation.
In
view of the above observations, the petition is disposed of.
(
AKIL KURESHI, J. )
kailash
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