Gujarat High Court
Falguniben Ashokbhai Ghantiwala vs State Of Gujarat & 3 on 6 March, 2017
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/SCR.A/1745/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 1745 of 2017
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FALGUNIBEN ASHOKBHAI GHANTIWALA....Applicant(s)
Versus
STATE OF GUJARAT & 3....Respondent(s)
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Appearance:
MRS VD NANAVATI, ADVOCATE for the Applicant(s) No. 1
MS SHRUTI PATHAK, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 06/03/2017
ORAL ORDER
1 By this writ application under Article 226 of the Constitution of India, the writ applicant has prayed for the following reliefs:
"6A. Your Lordships may be pleased to admit and allow this petition.
B. Your Lordships may be pleased to issue a writ of mandamus and/or any other writ or directions directing the transfer of investigation in connection to FIR being ICR No.18/2017 dated 25.01.2017 registered with Adajan Police Station, Surat to an independent agency as Central Bureau of Investigation for conducting the investigation.
AND / OR C. Your Lordships may be pleased to issue a writ of mandamus and/or any other writ or directions directing the transfer of investigation in connection to FIR being ICR No.18/2017 dated 25.01.2017 registered with Adajan Police Station, Surat to the Local Crime Branch headed by the Deputy Commissioner of Police or any other High Court Police Officer for conducting the investigation.
D. Adinterim relief in terms of para (C) may kindly be granted;
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R/SCR.A/1745/2017 ORDER
F. Any other and further relief as deem fit and proper may be granted
in favour of the petitioner."
2 The grievance voiced by Ms. Nanavati, the learned counsel
appearing for the writ applicant is that the investigation is not proceeding in the right direction and the same is not being carried out in a transparent manner. In such circumstances, she seeks transfer of the investigation.
3 I take notice of the fact that the offence alleged is of Section 435 of the Indian Penal Code. Section 435 of the Indian Penal Code is a bailable offence.
4 At this point of time, I see no good reason to transfer of the investigation. However, I expect the Investigating Officer i.e. the Police Inspector of the Adajan Police Station, District: Surat to carry out the investigation in the right direction at the earliest and in a transparent manner. I also direct the Commissioner of Police, Surat to look into the representation in this regard filed by the writ applicant herein dated 6th February 2017.
5 With the above, this writ application is disposed of. Direct service is permitted.
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