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SCR.A/1340/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1340 of 2010
=========================================================
LABHUBHAI
VASHRAMBHAI DAWRA (PTEL) & 4 - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
EE SAIYED for
Applicant(s):1,MRNASIRMSAIYED for Applicant(s) : 1,
MR MG NANAVATI
ADDL PUBLIC PROSECUTOR for Respondent(s) : 1,
None for
Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 22/07/2010
ORAL
ORDER
Grievance
of the petitioner is that police authorities have not submitted a
report pursuant to the order dated 14.02.2008 passed by the learned
Chief Judicial Magistrate, Bhavnaar. Shortly stated the facts of the
case of the petitioner are that petitioner had filed a private
complaint, being Misc. Criminal Application No.143 of 2001 as far
back as in the year 2001 before the learned Magistrate which was sent
for investigation to the Police. The Police, however, filed C
summary. Learned Magistrate took no decision on the summary report.
Petitioner, therefore, approached this Court by filing Special
Criminal Application No.1623 of 2007. Learned Judge of this Court by
order dated 27.08.2007 directed the learned Magistrate to take a
decision within three months. Learned Magistrate, thereupon, by his
order dated 14.02.2008 did not accept the C summary but asked
for further investigation and report within 30 days. Since then, the
report has not been filed. The petitioner has produced communication
dated 02.04.2008 made by the Director General of Police, Gandhinagar
indicating that investigation is handed over to C.I.D.(Crime). It is
the case of the petitioner that for more than two years thereafter,
the Police has not submitted final report. In the facts and
circumstances of the case, it is expected that the investigation
shall be completed without any further delay, and final report be
submitted as expeditiously as possible, preferably by 30th
November 2010.
With
the above observation and direction, petition is disposed of
accordingly.
Direct
Service permitted.
( Akil
Kureshi, J. )
kailash
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