Gujarat High Court
State vs Ketan on 13 April, 2010
Author: Anant S. Dave
Bench: Anant S. Dave
Gujarat High Court Case Information System
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CR.RA/261/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
REVISION APPLICATION No. 261 of 2009
=============================================
STATE
OF GUJARAT - Applicant(s)
Versus
KETAN
HASMUKHBHAI SONI & 1 - Respondent(s)
=============================================
Appearance :
MR
SHIVANG J SHUKLA APP for Applicant(s) : 1,
MR PRATIK B BAROT for
Respondent(s) : 1,
None for Respondent(s) :
2,
=============================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 13/04/2010
ORAL
ORDER
Heard Mr.Shivang J. Shukla, learned APP for the respondent-State of Gujarat and Mr.Pratik Barot, learned advocate for the respondent No.1. Though served, no one appears for respondent No.2.
This revision application is preferred by the State of Gujarat against the order passed by the learned Presiding Officer and Additional Sessions Judge, Fast Track Court No.3 vide order dated 12.01.2009 by which request of the complainant to order further investigation under section 173(8) of Code of Criminal Procedure, 1973 came to be rejected.
Learned APP appearing of the complainant-State submits that during the course of investigation if material is found, same can be placed before the concerned court and accordingly further investigation can be ordered. In the facts of this case, since mobile phones used by the accused as well as the deceased were found it was incumbent upon the investigating authority to call for the details of the calls made between the accused as well as the deceased.
Even, the Investigating Officer has not conducted scientific tests like lie detection test or narco analysis, and therefore, learned Sessions Judge ought to have acceded to the request of the complainant for further investigation and thereby committed an error by rejecting application submitted before him.
Mr.Pratik Barot, learned advocate for the respondent-accused, submits that learned Sessions Judge upon considering the facts that the investigating authority had recovered all incriminating material, including mobile phones and calls and all such material was sent for analysis to FSL; charge was already framed and number of witnesses have been already examined; the case is on the verge of closure and such application submitted by complainant is to see that the accused remain in jail for some long time, passed the impugned order.
Considering the facts and circumstances of the case and on perusal of the record and reasons assigned by the learned Presiding Officer and learned Sessions Judge, Fast Track Court, Vadodara in paras 8 and 9 of the judgment and the fact that all incriminating materials have been brought on record of the investigating agency and at this stage subjecting accused for lie direction and narco analysis do not arise when substantial evidence is already recorded.
No case is made out to interfere with the impugned order and it cannot be said that the learned Judge has committed any illegality in refusing the application.
Accordingly, this revision application is rejected.
[Anant S. Dave, J.] *pvv Top