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SCR.A/146720/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1467 of 2008
=========================================================
REHANABANU
NOORMOHMAMDBHAI - Applicant(s)
Versus
HAJI
ABDUL REHMANKHAN GULABKHAN & 4 - Respondent(s)
=========================================================
Appearance :
MR
YN RAVANI for Applicant(s) : 1,
None for
Respondent(s) : 1 - 4.
MR KT DAVE APP for Respondent(s) :
5,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 07/08/2008
ORAL
ORDER
The
petitioner filed this petition under Article 226 of the Constitution
of India with the following main prayer :-
(B) This
Hon’ble Court may be pleased to issue a writ of mandamus and/or any
other writ of mandamus and/or any other writ in the nature of
mandamus and/or appropriate writ, order or direction transferring the
investigation of complaint being I-C.R.No.25 of 2008 lodged before
Olpad Police Station to C.I.D. Crime or any other independent
agency .
It
is born out that the complaint for the offences punishable under
Sections 465, 467, 468, 471, 120B, 114 and 34 of the Indian Penal
Code is lodged on 26.2.2008 for the alleged offences which took place
for the period from 30.2.2001 to 12.1.2007.
When
the alleged offences are for the period from 2001 to 2007, it
naturally takes time for the Investigating Authority to investigate
the offences and within six months it cannot be expected that
Investigating Officer will complete the investigation and file
report.
Even
otherwise, the complaint is belated and no powers under Section 482
of the Code of Criminal Procedure cannot be exercised by this Court
at this stage.
Accordingly,
this Special Criminal Application stands disposed of.
(ANANT S. DAVE, J.)
*pvv
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