Gujarat High Court
Ambaben Vejabhai Solanki vs State Of Gujarat on 27 April, 2022
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
R/SCR.A/5872/2018 ORDER DATED: 27/04/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 5872 of 2018
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AMBABEN VEJABHAI SOLANKI
Versus
STATE OF GUJARAT & 5 other(s)
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Appearance:
MS. MEGHNA A PATEL(6651) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3,4,5,6
MS MD MEHTA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 27/04/2022
ORAL ORDER
1. Heard learned Advocate Ms.Meghna Patel for the applicant and learned APP ms.Mehta for the respondent State.
2. By way of this application, the applicant has raised a grievance that the investigation with regard to an FIR being C.R. No.I-97/2015 registered by the present applicant before Tharad Police Station, District Banaskantha on 10.6.2015 is not being investigated properly. It also appears that even prior to the present application, the applicant had preferred an application being Special Criminal Misc. Application (for direction) No.6688 of 2017 and whereas, the learned Coordinate Bench of this Court vide order dated 11.10.2017 had directed the District Superintendent of Police, Banaskantha to take appropriate steps in the matter and also to take action against the erring officers. This Court had also observed that District Superintendent of Police, Banaskantha shall take immediate steps in the matter in accordance with law. It appears Page 1 of 3 Downloaded on : Thu Apr 28 21:12:13 IST 2022 R/SCR.A/5872/2018 ORDER DATED: 27/04/2022 that at the relevant point of time or rather even before the application had been filed before this Court, the then Investigating Officer had filed a report before the learned Magistrate for grant of "A" Summary more particularly in view of the fact, according to the I.O., the original documents with relation to the alleged crime could not be recovered. It further appears that thereafter upon the order dated 11.10.2017 being passed by this Court, the investigation into the FIR had been taken up and whereas it also appears to have proceeded, but in view of the fact that the originals of relevant documents could not be recovered the investigation is at a stand-still.
3. Learned APP Ms.Mehta would inform this Court that since the Revenue Officers, more particularly office of the Mamlatdar and the Talati-cum- Mantri of the concerned place appear not to be cooperating with the investigation, therefore, the I.O. is finding it difficult to recover the documents in question and to carry out investigation.
4. Having regard to the same, more particularly since it is brought to the notice of this Court that investigation into the offence concerned is still going on, in case the Investigating Officer is of the opinion that any officers of the Revenue Department are not cooperating with the investigation, then the concerned I.O. shall intimate the same to the Superintendent of Police, who shall in turn take up the matter with the Collector, Banaskantha, who would issue appropriate directions to the concerned revenue officers. The I.O. shall ensure that the investigation shall be completed at the earliest, more particularly looking to the fact that the FIR has been registered as far back as in the year 2015. The Superintendent of Police, Banaskantha shall also appropriately, time to time, supervise the progress of the investigation and guide the I.O., to ensure that the investigation is completed at the earliest.
5. With these observations and directions, the present application stands Page 2 of 3 Downloaded on : Thu Apr 28 21:12:13 IST 2022 R/SCR.A/5872/2018 ORDER DATED: 27/04/2022 disposed of. Liberty is reserved in favour of the present applicant to revive this application in case of difficulty.
(NIKHIL S. KARIEL,J) V.V.P. PODUVAL Page 3 of 3 Downloaded on : Thu Apr 28 21:12:13 IST 2022