Gujarat High Court
Maknaji Khemaji Mali(Solanki) vs State Of Gujarat on 8 October, 2018
Author: R.P.Dholaria
Bench: R.P.Dholaria
R/CR.RA/932/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 932 of 2018
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MAKNAJI KHEMAJI MALI(SOLANKI)
Versus
STATE OF GUJARAT
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Appearance:
MR POPATJI H SOLANKI(5213) for the PETITIONER(s) No. 1
MS SHRUTI PATHAK, APP for the RESPONDENT(s) No. 1
RULE SERVED(64) for the RESPONDENT(s) No. 2,3
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CORAM: HONOURABLE MR.JUSTICE R.P.DHOLARIA
Date : 08/10/2018
ORAL ORDER
By way of this Revision Application, the applicant revisionist - original complainant has challenged order dated 11.07.2018 passed by learned Judicial Magistrate, First Class, Deesa, accepting the report of the Investigating Officer for deleting the offence punishable under Sections 395 and 397 of the Indian Penal Code.
2. Having heard learned advocates for the respective parties and having perused the material on record, especially the facts stated by the complainant as well as other witnesses and even corroborative piece of evidence in the nature of medical certificate clearly indicate that both the victim ladies complained that their chains came to be snatched and in consequence whereof, initially Sections 395 and 397 of the Indian Penal Code were made applicable. This Court has also gone through the report submitted by the Investigating Officer and the order passed by the learned Magistrate. It appears that the report submitted by the Investigating Officer is not in a true spirit of investigation. The trial is yet to held against the accused and the complainant side would be put to test for leading their evidence. Consequently therefore, this Court is not commenting upon the role played by the Investigating officer while submitting such report. Suffice it to say Page 1 of 2 R/CR.RA/932/2018 ORDER that the said report was not in consonance with the investigation papers which were revealing as such. Similarly, it is also emerging out from the order of the learned Magistrate that the learned Magistrate has also not considered the aforesaid report in its true perspective and merely recorded a reason that the court is not inclined to interfere with the investigation and consequent whereof, the learned Magistrate accepted the said report without due application of mind.
3. For the reasons recorded above, this Revision Application is allowed. The order dated 11.07.2018 passed by learned Judicial Magistrate, First Class, Deesa is hereby quashed and set aside. Consequently, the report submitted by the Investigating Officer for deleting Sections 395 and 397 of the IPC is also quashed and set aside.
Rule is made absolute.
Direct service is permitted.
(R.P.DHOLARIA, J) CHANDRASHEKHAR Page 2 of 2