Gujarat High Court
Shantilal Madanlal Shah vs State Of Gujarat on 7 February, 2019
Author: Sonia Gokani
Bench: Sonia Gokani
R/SCR.A/1278/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 1278 of 2019
==========================================================
SHANTILAL MADANLAL SHAH
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MS. KRUTI M SHAH(2428) for the PETITIONER(s) No. 1
for the RESPONDENT(s) No. 2,3
MS JIRGA JHAVERI, PUBLIC PROSECUTOR(2) for the RESPONDENT(s)
No. 1
==========================================================
CORAM: HONOURABLE MS JUSTICE SONIA GOKANI
Date : 07/02/2019
ORAL ORDER
1. The petitioner is one of the accused in the FIR being I-C.R. No. 88/2017, registered with Limbayat Police Station under Sections 406, 420, 467, 468, 471, 120B, 114 and 34 of the Indian Penal Code, 1860.
2. Learned Advocate, Ms. Shah, appearing for the petitioner has urged that the prosecution is malicious in nature and the investigation is going on, as directed and suggested by the original complainant. It is also her say that the natural specimen signature of the complainant, so far, has not been taken, despite the specific directions issued by this Court in Special Criminal Application No. 8662 of 2017. It is her say that some of the documents, which the petitioner is desirous of producing before the IO, are not being taken into consideration. It is Page 1 of 4 R/SCR.A/1278/2019 ORDER the duty of the IO to act impartially and to reach to the truth of the matter by fair and truthful means. She has placed reliance on the decision of this Court in 'STATE OF GUJARAT VS. DEEPAK JASWANTLAL SHETH', 1998 (3) GLR 2240, to urge that the Gujarat Police Manual, 1975, provides that the IO to regard the version, which may come, as the defence of the accused. The relevant observations, read thus:
"Reference in this connection may be made to Clause 137 of the Gujarat Police Manual, 1975 Vol-III which states in unequivocal terms that, "Police enquiries should always be impartial. It is the duty of the Police to do all they can to find out the truth. An investigating officer is to aim at discovering the actual facts and arresting the real offender. He ought not prematurely to commit himself to any view of the facts for or against any person. He should consider carefully any evidence tendered to him on behalf of an accused person. He should not make up his mind on any point hastily, but keep, as far as possible, an open mind to be influenced by evidence only."
Again in sub-clause (2) of Clause 172, it has been emphasized that, "it is equally important and advisable for an investigating officer to record the statement of an accused person, especially if it consists of lengthy Page 2 of 4 R/SCR.A/1278/2019 ORDER details in complicated cases, so that these details may not be forgotten or overlooked in the course of enquiries for their verification. The statement may sometime disclose his line of defence and may also at times indicate sources from which independent evidence may be available."
Thus, it is not permissible for Investigating Agency to ignore the line of defence revealed by the accused during the course of investigation and to keep it out of consideration altogether."
3. She, therefore, urged to pass appropriate orders.
4. This Court, today, has also heard Criminal Misc. Application No. 1/2018 in Special Criminal Application No. 8662 of 2017, wherein, the IO has stated that he has obtained the natural signature of the original complainant on 25.12.2018.
5. It is urged by the learned APP that the documents collected by the IO have not been sent to the FSL, since, there are documents also to be procured and for which, a notice already has been issued under Section 91 of the Code to the present petitioner and others. It is also urged by her that there are various documents, which are original in nature and for procuring which, Page 3 of 4 R/SCR.A/1278/2019 ORDER one day's remand was also sought of the present petitioner, but, he did not cooperate.
6. Having heard the learned Advocates on both the sides, it is directed that the petitioner shall cooperate with the Investigating Agency and shall furnish all the documents, which he would have with him. It is, undoubtedly, the duty of the IO to act impartially and fairly and to reach to the truth of the matter, which is the sole object of any investigation. The transfer of investigation, in the instant case, to CID Crimes was after protracted deliberation and after hearing both the sides. It is, therefore, expected from the Investigating Agency concerned to EXPEDITE the investigation and also to act in accordance with law and in non-partisan manner.
7. S.O. to 21ST FEBRUARY, 2019.
(SONIA GOKANI, J) UMESH/-
Page 4 of 4