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CR.MA/12598/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12598 of 2008
In
SPECIAL
CRIMINAL APPLICATION No. 1958 of 2007
==========================================
STATE
OF GUJARAT - Applicant(s)
Versus
ASHWIN
C SHAH - Respondent(s)
=========================================
Appearance :
MR
LB DABHI, ADDL. PUBLIC PROSECUTOR for
Applicant(s) : 1,
None for Respondent(s) :
1,
==========================================
CORAM
:
HONOURABLE
MS.JUSTICE H.N.DEVANI
Date
: 14/10/2008
ORAL
ORDER
By
order dated 5th February, 2008, the petition filed by the
opponent, being Special Criminal Application No.1958 of 2007 had
been allowed by quashing and setting aside the order dated 5th
October, 2007 passed by the learned Chief Judicial Magistrate,
Godhra below Exhibit 3 in Criminal Case No.2826 of 2004, whereby the
opponent’s application seeking further investigation under Section
173(8) of the Code of Criminal Procedure, 1973 (the Code) in
connection with the offence registered vide C.R. No. I 75 of 2004
with Godhra Town Police Station, had been rejected. This Court also
had directed the investigating officer to conduct further
investigation under Section 173(8) of the Code only qua the request
made by the petitioner, namely, to inquire as to who has signed the
notice under Section 135(D) by posing as the petitioner and arraign
such person as an accused. It was further directed that the said
exercise shall be carried out within a period of two months from the
date of that order. It was made explicitly clear that the said time
limit shall not be extended in any event.
By
this application, the applicant ? State of Gujarat has prayed to
extend the period for concluding the further investigation in
connection with the Godhra Town Police Station I ? C.R. No.75 of
2004 for a further period of four months.
As
is evident from the facts noted hereinabove, while allowing the
petition, it had been specifically stated that further investigation
under Section 173(8) of the Code to the extent stated in the order
shall be carried out within a period of two months and that the said
time limit shall not be extended in any event. In any case, this
application seeking extension for a period of four months is filed
on 29th September, 2008, more than five months after the
time limit stipulated in the said order has expired. In the
circumstances, this application does not merit acceptance and is,
accordingly, rejected.
[HARSHA
DEVANI, J.]
parmar*
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