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SCR.A/1099/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1099 of 2009
=========================================================
RAJESH
VISHNUKUMAR RATHI - Applicant(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance :
MR
PC KAVINA with MR CHETAN K PANDYA for
Applicant(s) : 1,
MR KL PANDYA, ADDITIONAL PUBLIC PROSECUTOR for
Respondent(s) : 1,
None for Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HONOURABLE
MS.JUSTICE H.N.DEVANI
Date
: 22/06/2009
ORAL
ORDER
Heard
Mr. P.C. Kavina, learned Senior Counsel with Mr. Chetan K. Pandya,
learned Advocate for the petitioner and Mr. K.L. Pandya, learned
Additional Public Prosecutor for the respondent no.1 State of
Gujarat.
By
this petition under Article 226 and 227 of the Constitution of
India, the petitioner has prayed for a direction to restore the
original Investigation Officer of First Information Report being
I-C.R. No.152/2009 registered with Sector 7 Police Station,
Gandhinagar and to further direct him to complete the investigation
at the earliest in accordance with law.
Mr.
K.L. Pandya, learned Additional Public Prosecutor has placed on
record a copy of the final report under Section 173 of the Criminal
Procedure Code which has been submitted before the concerned Court
on June 15, 2009 whereby the Investigation Officer has recommended
that the matter deserved to be treated as C Summary.
Having
regard to the aforesaid, the relief prayed for in the petition no
longer survives as the investigation has already been completed.
The petition is accordingly disposed of as having become
infructuous.
(Harsha
Devani, J.)
Caroline
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