Gujarat High Court
Pramodbhai Chaturbhai Patel vs State Of Gujarat on 4 September, 2024
NEUTRAL CITATION
R/SCR.A/6841/2022 ORDER DATED: 04/09/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (DIRECTION - TO TRANSFER
INVESTIGATION TO CID) NO. 6841 of 2022
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PRAMODBHAI CHATURBHAI PATEL
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR BOMI H SETHNA(5864) for the Applicant(s) No. 1
MR HK PATEL, APP PROSECUTOR for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 04/09/2024
ORAL ORDER
1. The present petitioner is filed by the petitioner seeking the following reliefs:
A) This Hon'ble Court be pleased to call for record and proceedings pursuant to FIR being II C.R. No. 112/2017 which is lodged with Bopal Police Station, Ahmedabad and be pleased to examine the same;
(B) This Hon'ble Court be pleased to order and direct transfer of the investigation of FIR being II C.R. No. 112/2017 which is lodged with Bopal Police Station, Ahmedabad from the Respondent no. 4 and be pleased to transfer the same to CID Crime and/or any other competent authority as this Hon'ble Court be deem fit in the interest of justice;
(C) Pending admission and/or final disposal this Hon'ble Court be pleased to call for the action taken report pursuant to the 24.11.2021 petitioner; dated 03.11.2021, and 02.02.2022 filed by the (D) Ad-interim and/or interim relief in terms of para (C) hereinabove;
(E) Any such other and further orders thought fit in the interest Page 1 of 6 Uploaded by ALI ISTAYAK(HC01093) on Mon Sep 09 2024 Downloaded on : Fri Sep 13 22:29:46 IST 2024 NEUTRAL CITATION R/SCR.A/6841/2022 ORDER DATED: 04/09/2024 undefined of justice;
2. The case of the petitioner is that an FIR II-C.R. No. 112/2017 lodged by Mayur Govindbhai Prajapati at Bopal Police Station against four individuals for offences under Sections 323, 504, 506(2), and 114 of the IPC. On March 31, 2017, while the first informant and Mr. Zankitbhai were traveling in an Innova car, they were hit by an autorickshaw near Bopal. The passengers of the autorickshaw assaulted the informant with batons and other weapons. Due to the commotion, people gathered, and one accused, Nitesh Himmatbhai, was caught, while the others fled. Three accused were later arrested and granted bail. The investigation led to the arrest of Dashrathbhai on February 26, 2018, during whose interrogation the petitioner's name surfaced. The petitioner was arrested on March 30, 2018, and sought regular bail, which was granted. The petitioner requested a transfer of the investigation, which was granted by the Director General of Police on April 11, 2018, transferring the case to CID Crime. The petitioner also sought a transfer through Special Criminal Application No. 5459 of 2018, which was withdrawn after the investigation was transferred. Subsequently, the informant filed Special Criminal Application No. 3768 of 2018 to quash the transfer order. The petitioner filed an impleadment application in this case. On May 7, 2018, this Court issued a rule directing the investigating agency to halt further investigation. On March 7, 2019, the Court allowed the informant's application, a decision upheld by the Supreme Court on October 29, 2021. Despite the finality of the Court's order, the investigation has not progressed. The petitioner made several representations to the police and the Home Minister of Gujarat, Page 2 of 6 Uploaded by ALI ISTAYAK(HC01093) on Mon Sep 09 2024 Downloaded on : Fri Sep 13 22:29:46 IST 2024 NEUTRAL CITATION R/SCR.A/6841/2022 ORDER DATED: 04/09/2024 undefined all of which were ignored. The petitioner now seeks to transfer the investigation to another authority, citing malafide actions and dereliction of duty by the investigating agency, which could cause grave prejudice to the petitioner.
3. Heard learned advocates for the respective parties.
4. In view of the facts and circumstances, it appears that earlier the complainant had preferred Special Criminal Application No.3768 of 2018 which was decided on 07.03.2018 wherein the Coordinate Bench of this Court has passed the following order:
"9. Resultantly, Special Criminal Application No. 3768 of 2018 is ALLOWED to the extent that the investigation of II-C.R. No. 112/2017 is transferred back to Bopal Police Station. Theogle translate officer in-charge of Bopal Police Station shall continue the investigation, under the supervision of the Dy.S.P., Ahmedabad (Rural).
9.1 So far as Special Criminal Misc. Application No. 5616 of 2018 is concerned, the same is also ALLOWED to the extent that, if, the petitioner is required to be called by the police during the course of investigation, as mentioned herein above, he shall be either issued a notice or shall be sent a text message or an E-mail, which shall be sent on his mobile phone number or his E-mail I.D. by the police officer concerned. 9.2 At this stage, learned Advocate, Mr. Dagli, appearing for the petitioner in Special Criminal Application No. 5616 of 2018 has urged that the liberty may be reserved of the petitioner for approaching appropriate authority, seeking damage, under the Law of Torts, from the officer concerned for causing damage to his reputation and also for causing personal harassment and torture to him, 9.3 So far as the request of learned Advocate, Mr. Dagli, is concerned, it will be an individual call and no direction is required to be issued in that regard. If, the law permits such actions, this court has no earthly reason to curtail rights of the litigants.
9.4 In wake of the disposal of the main matters, Criminal Misc.Page 3 of 6 Uploaded by ALI ISTAYAK(HC01093) on Mon Sep 09 2024 Downloaded on : Fri Sep 13 22:29:46 IST 2024
NEUTRAL CITATION R/SCR.A/6841/2022 ORDER DATED: 04/09/2024 undefined Applications shall not survive and they stand DISPOSED OFF, accordingly."
5. It is pertinent to note that Special Civil Application No. 3768 of 2018 was filed by the original complainant, Mayur Govindbhai Prajapati, wherein a coordinate bench of this Court was pleased to pass an order.
6. In view of the aforesaid order, this Court, on 21.08.2024, passed an order directing the respondent authority to verify whether the Dy.S.P. had supervised the investigation and whether the order passed by the coordinate Bench of this Court in Special Criminal Application No. 3768 of 2018 was complied with in its true letter and spirit. Being aggrieved and dissatisfied, the present petitioner preferred an SLP, which was dismissed by the Hon'ble Apex Court. Hence, the order passed by the coordinate bench of this Court attained finality. The complainant has no grievance regarding the investigation against the present petitioner, as the investigation was thoroughly and properly conducted, and a charge sheet and a supplementary charge sheet, was filed against the present petitioner. As the petitioner is an accused, he has no right to dictate to the investigating agency how to conduct the investigation. In this regard, reference is required to be made to the case of Narender G. Goel v. State of Maharashtra, reported in (2009) 6 SCC 65, and the case of Sri Bhagwan Samardha Sreepada Vallabha Venkata Vishwanandha Maharaj v. State of Andhra Pradesh, reported in (1999) 5 SCC 740, wherein the Court has held that the accused has no right to interfere in the investigation. In view of the above, it is clear that the petition filed by the present petitioner is with Page 4 of 6 Uploaded by ALI ISTAYAK(HC01093) on Mon Sep 09 2024 Downloaded on : Fri Sep 13 22:29:46 IST 2024 NEUTRAL CITATION R/SCR.A/6841/2022 ORDER DATED: 04/09/2024 undefined ulterior motives and only with a view to protract the litigation.
7. Pursuant to the said order, today, the Deputy Superintendent of Police, Sanand, appeared before this Court along with the case diary, investigating papers, and other relevant documents. This Court is satisfied that the representations made by the petitioner have already been considered, and the investigation was conducted under the supervision of Dy.S.P. Ms. Goswami. After collecting sufficient evidence, including recording relevant witness statements under Section 164 of the Cr.P.C., a supplementary charge sheet was filed following the order passed by the Coordinate Bench of this Court. The said charge sheet has culminated in Criminal Case No. 12875 of 2024. Pursuant to this Court's order, the Director General of Police handed over the investigation to Dy.S.P. Mr. B.M. Chaudhary, and thereafter, the investigation was further conducted under the supervision of Ms. Nilam Goswami, Dy.S.P.
8. Considering the case diary, it appears that the charge sheet has been filed and the grievance raised by the petitioner has been addressed. Therefore, there is nothing further to decide, and this Court is of the considered view that no direction is required regarding prayer clauses 7(A) and 7(C). So far as prayer clause 7(B) is concerned, the investigation has already been conducted by the CID (Crime) pursuant to the order dated 11th April, 2018, and the charge sheet has been subsequently filed before the jurisdictional Court. Hence, the question of transferring the investigation, as sought for by the accused, does not arise.
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9. In view of the above, no case is made out to issue any direction as sought. Moreover, the accused has no right to be heard at the stage of the investigation and cannot dictate the mode and method of the investigation. The prosecution is not obligated to conduct the investigation under the direction of the accused. Hence, the petition stands dismissed.
(HASMUKH D. SUTHAR,J) ALI Page 6 of 6 Uploaded by ALI ISTAYAK(HC01093) on Mon Sep 09 2024 Downloaded on : Fri Sep 13 22:29:46 IST 2024