Gujarat High Court
Jaydeepsinhji Kesharsinhji Vaghela vs State Of Gujarat & on 17 January, 2018
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/SCR.A/9697/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION (DIRECTION - TO TRANSFER
INVESTIGATION TO CID) NO. 9697 of 2017
==========================================================
JAYDEEPSINHJI KESHARSINHJI VAGHELA....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
==========================================================
Appearance:
MR ARPIT A KAPADIA, ADVOCATE for the Applicant(s) No. 1
MR. DEVNANI, ADDL. PUBLIC PROSECUTOR for the RESPONDENT(s) No.
1
==========================================================
CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 17/01/2018
ORAL ORDER
1. By this writ application under Article 226 of the Constitution of India, the writ applicant-original first informant, has prayed for the following reliefs;
"(A) Your Lordships may be pleased to admit and allow this application;
(B) Your Lordships may be pleased to issue a writ of mandamus or any other appropriate writ order or direction to change the investigation agency of FIR bearing C.R. No.I-84/2016 lodged with the Bopal Police Station, Ahmedabad for the offence punishable u/s. 406, 420, 465, 467, 468, 471, 447 and 114 of IPC and entrust the investigation to the CID Crimes or any other independent and impartial investigating agency;
(C ) Your Lordships may be pleased to issue a writ of mandamus or any other appropriate writ order or Page 1 of 4 HC-NIC Page 1 of 4 Created On Wed Jan 17 23:09:25 IST 2018 R/SCR.A/9697/2017 ORDER direction to direct the fresh investigation and/or further investigation in connection with FIR bearing C.R. No.I- 84/2016 lodged with the Bopal Police Station, Ahmedabad for the offence punishable u/s. 406, 420, 465, 467, 468, 471, 447 and 114 of IPC;
(D) Your Lordships may be pleased to issue a writ of prohibition or a writ in the nature of prohibition or any other appropriate writ, order or direction to restrain to accept the Report u/s. 169 of Criminal Procedure Code, 1973 ("the Code" for short) filed by the present investigating officer in connection with the FIR bearing C.R. No.I-84/2016 lodged with the Bopal Police Station, Ahmedabad for the offence punishable u/s. 406, 420, 465, 467, 468, 471, 447 and 114 of IPC.
(E) Pending admission, hearing and final disposal of this application, Your Lordships may be pleased to stay the further proceedings in connection with the FIR bearing C.R. No.I-84/2016 lodged with the Bopal Police Station, Ahmedabad for the offence punishable u/s. 406, 420, 465, 467, 468, 471, 447 and 114 of IPC.
(F) Your Lordships may be pleased to grant such other and further relief/s that may be deemed fit and proper in the interest of justice."
2. It appears from the materials on record that at the end of the investigation, the Investigating Officer filed a "C' summary report. The report is at page-53, Annexure-B to this application. The writ applicant is aggrieved and dissatisfied with the "C" summary report filed by the Investigating Officer before the court below. At the end of the investigation, if a report in the nature of a summary is filed, i.e., "A" summary, "B" summary or "C" summary, it is for the court concerned to look into the same in accordance with law and take an appropriate decision whether (i) to accept the report (ii) to reject the report and take cognizance and (iii) order further investigation. At this stage, I should not look into the legality and validity of the "C" summary report in exercise of my Page 2 of 4 HC-NIC Page 2 of 4 Created On Wed Jan 17 23:09:25 IST 2018 R/SCR.A/9697/2017 ORDER supervisory jurisdiction under Article 227 of the Constitution of India. All the issues can be considered by the Trial Court. Once a "C" summary report is filed, the court concerned will have to issue notice to the applicant herein in his capacity as the original first informant. On receipt of the notice, the applicant will have to lodge his objections to the report. Such objections will be considered by the court below and, thereafter, an appropriate decision would be taken.
3. Mr. Kapadia submitted that the investigation has been carried out in a most perfunctory manner. In the event if the court below passes an order of further investigation, then the same should be entrusted to any other officer.
4. It is too early to say as to what the court below is going to do after considering the "C" summary report. Is is only in the event if the court below passes an order of further investigation that this Court may consider, entrusting the investigation to any other agency. In such an eventuality, it shall be open for the applicant to comeback to this Court for appropriate relief. For the present, I must permit the court below to look into the report of the Investigating Officer and take an appropriate decision at the earliest preferably within a period of four weeks from today in accordance with law.
5. With the above, this application is disposed of.
Direct service is permitted.
(J.B.PARDIWALA, J.)
Page 3 of 4
HC-NIC Page 3 of 4 Created On Wed Jan 17 23:09:25 IST 2018
R/SCR.A/9697/2017 ORDER
Vahid
Page 4 of 4
HC-NIC Page 4 of 4 Created On Wed Jan 17 23:09:25 IST 2018