Gujarat High Court
Xyz D/O Igor (Marina Stratieva) vs State Of Gujarat on 25 April, 2024
NEUTRAL CITATION
R/SCR.A/5210/2024 ORDER DATED: 25/04/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 5210 of 2024
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XYZ D/O IGOR (MARINA STRATIEVA)
Versus
STATE OF GUJARAT
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Appearance:
MR ANKIT V DIXIT(10019) for the Applicant(s) No. 1
MR RAJESHKUMAR S MISHRA(9946) for the Applicant(s) No. 1
MR MANAN MAHETA, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 25/04/2024
ORAL ORDER
By way of present petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (for short "CrPC"), the petitioner has sought for the following reliefs:
"12. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction to CBI to immediately take statement of following people:
1. Mr. Manoj Shirvastav
2. Confrontation of Mr. Manoj and son Rajiv Modi on why son Rajiv Modi has not given his testimony
3. Confrontation of victim with Ms. Valeria, Ms. Tanishka, Ms. Sai Sudha, Mr. Chandra Mauli, Mr. Sunil and Mr. Rajiv Modi
4. Mr. Mukesh Asudani
5. Mr. Abhishek Mishra
6. Mr. Dipesh Patel
7. Mr. Jawed Zia, Ms. Priya Cholayil Page 1 of 3 Downloaded on : Fri Apr 26 21:28:06 IST 2024 NEUTRAL CITATION R/SCR.A/5210/2024 ORDER DATED: 25/04/2024 undefined
8. IT Manager who had access to CCTV camera recordings fro Charrodi between October 2022 and April 2023
9. Confrontation of victim with all female employees
13. To direct the Police Commissioner of Ahmedabad to furnish statements of victim, Mr. Keshav Kumar, Ms. Himala Joshi and all others in Departmental Enquiry conducted by Additional Commissioner of Police-Sector 1, Ahmedabad alongwith enquiry report, if any."
Heard learned advocate for the petitioner and learned APP for respondent No.1 - State of Gujarat appeared on advance notice.
Perusing the record it appears that 'A' summary is filed by the Investigating Officer and learned Chief Judicial Magistrate, Ahmedabad (Rural) has issued notice on 06.04.2024 which is pending for adjudication before the learned Chief Judicial Magistrate. As the learned advocate for the petitioner has sought for CBI investigation, it is needless to say that once pursuant to the order dated 22.12.2023 passed in Special Criminal Application No.13500 of 2023, investigation is carried out and 'A' Summary report is submitted before the learned Magistrate, question does not arise to transfer the investigation to CBI at this stage as the matter is pending for adjudication before the learned Chief Judicial Magistrate. This Court vide order dated 22.12.2023 passed in SCR.A No.13500 of 2023 had observed thus in paragraph No.19:
"[19.0] The learned Chief Judicial Magistrate, Ahmedabad (Rural) is directed to pass an order of investigation by the competent police officer under Section 156(3) of the CrPC. Having regard to the facts and circumstances of the case including the need of fair Page 2 of 3 Downloaded on : Fri Apr 26 21:28:06 IST 2024 NEUTRAL CITATION R/SCR.A/5210/2024 ORDER DATED: 25/04/2024 undefined investigation, the investigation shall be completed within 2 months under the supervision of Senior IPS Officer to be nominated by the DIG, State (Law & Order). Rule is made absolute to the aforesaid extent. Record and Proceedings be sent back to the learned Trial Court forthwith."
Pursuant to the aforesaid order, investigation carried out and final report is submitted, which is pending before the learned Chief Judicial Magistrate, Ahmedabad (Rural). Learned Chief Judicial Magistrate has also issued notice to the petitioner i.e. original complainant and she appeared before the learned Chief Judicial Magistrate and filed protest application. In view of above, no case is made out at this stage to grant any relief as prayed for. However, learned CJM is directed to consider all objections / issue raised by the petitioner in her protest application on its own merits without being influenced by the order passed in the present petition and decide the same in accordance with law.
If any adverse outcome of protest application, in that event, the petitioner shall have liberty to file appropriate proceeding, if so advised.
With aforesaid direction, present petition is disposed of. It is made clear that this Court has not gone into the merits of the case. Notice is hereby discharged.
(HASMUKH D. SUTHAR, J.) Ajay Page 3 of 3 Downloaded on : Fri Apr 26 21:28:06 IST 2024