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SCR.A/1855/2008 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1855 of 2008
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BHARATBHAI
UMEDSANG AND ANOTHER
Versus
STATE
OF GUJARAT
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Appearance :
MR
YN OZA, SENIOR ADVOCATE with MS ROMA I FIDELIS for the Petitioners
MR KP RAVAL, ADDITIONAL PUBLIC PROSECUTOR for the
Respondent
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CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 21/10/2008
ORAL
ORDER
1. Learned
Senior Advocate Mr.Oza with learned advocate for the petitioners
files affidavits in rejoinder. A copy of which is served to learned
Additional Public Prosecutor Mr.Raval. The same are taken on record.
2. Learned
Additional Public Prosecutor Mr.Raval informs the Court that after
registering the offence on 12.08.2008, Police Inspector
Mr.G.D.Trivedi wrote letter dated 12.08.2008 to the District
Superintendent of Police, Ahmedabad (Rural), a copy of which is
produced at Annexure-A2 to the affidavit in reply filed by him,
stating therein that, according to him, the offence is required to be
investigated by Sabarmati Police Station of Ahmedabad City and
therefore, necessary action be taken to transfer the same.
It
then transpires from the record that the investigation was
transferred to Sabarmati Police Station, therefore necessary
presumption is that after the District Superintendent of Police
received this letter, he must have written a letter to the Director
General of Police, Gujarat State. A copy of that letter is not
produced on record. The same is required to be placed on the record
of this case.
As
a necessary implication, the Director General of Police must have
taken a decision on the request of the District Superintendent of
Police. A copy of that decision is also not placed on record. The
same is required to be placed on the record of the case.
3. The
aforesaid two documents are not on record, whereas a copy of
communication dated 22.09.2008 is on record, which is written by
Inspector General of Police (Crime), Gujarat State, to the Police
Commissioner, Ahmedabad. A copy of which is also marked to the
District Superintendent of Police, Ahmedabad (Rural), whereby the
investigation of the offence registered as C.R. No.I-187/08 under
Sections 420, 465, 467 and 120(B) of the Indian Penal Code is ordered
to be transferred to Ahmedabad City and the District Superintendent
of Police is directed to inform the office after transferring the
same.
4. Learned
Additional Public Prosecutor Mr.Raval to place the aforesaid
documents on record. The learned Additional Public Prosecutor may
call for the entire file pertaining to this case so as to see that
the same can be made available for perusal and necessary assistance
can be rendered to the Court.
S.O.
to 22.10.2008. To be notified at 03.30 pm.
A
copy of this order be made available to learned Additional Public
Prosecutor Mr.K.P.Raval for its onward communication for compliance.
(Ravi
R.Tripathi, J.)
*Shitole
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