Hiren Chandulal Aghara vs State Of Gujarat on 16 April, 2019

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Gujarat High Court

Hiren Chandulal Aghara vs State Of Gujarat on 16 April, 2019

Bench: Sonia Gokani

          R/SCR.A/2619/2019                                      ORDER




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/SPECIAL CRIMINAL APPLICATION NO. 2619 of 2019

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                              HIREN CHANDULAL AGHARA
                                        Versus
                                  STATE OF GUJARAT
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Appearance:
GAURAV K LAKHWANI(9520) for the Applicant(s) No. 1
MS ZEAL H SHAH(9811) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS MAITHLI MEHTA ADDL. PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 1
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 CORAM: HONOURABLE MS JUSTICE SONIA GOKANI

                                  Date : 16/04/2019

                                   ORAL ORDER

The petitioner is before this Court under Articles 226 and 227 of the Constitution of India in connection with I-Cr No. 7/2019 registered with Morbi Taluka Police station.

2. The petitioner is a Director of "Vogla Ceramic Pvt Ltd." and is engaged in the business of manufacturing ceramic tiles.

2.1 According to the petitioner he was induced by an advertisement posted and published on 20.10.2018. The petitioner needed to obtain a dealership of the same. It is the say of the petitioner that the accused has accessed to the confidential application of the petitioner by fraudulent means.

3. The petitioner has approached this Court with the Page 1 of 3 Downloaded on : Sun Jun 30 19:38:01 IST 2019 R/SCR.A/2619/2019 ORDER following prayers :

9A) Your Lordships be pleased to admit this petition; B) Your Lordships be pleased to allow this petition by way of issuing writ of mandamus and/or appropriate writ, order or direction upon the respondents directing them to add unknown bank officials of State of Bank of India, Canara Bank and Central Bank of India in the array of accused in the FIR and also to add offences under Section 66C and 66D of the Information Technology Act, 2013 and Section 409, 415, 465, 567, 468 and 471 of Indian Penal Code as mentioned in the additional application (Annexure A) filing in connection wit the initial FIR made by the present petitioner.

( C) Your Lordships be further pleased to direct the concerned respondents to produce the final outcome/ report of inquiry/investigation made in the Fir before this Hon'ble Court within a period which may be deemed fit by this Hon'ble Court and also to take appropriate action against the erring officers, if any;

(d) pending admission, hearing and final disposal of the present petition. Your Lordships be further pleased to grant ad interim relief in terms of para (b) above.

(e) To pass any other appropriate and just orders as may be deemed fit in the facts and circumstances of the case.

4. This Court has heard learned advocate Mr. Gaurav K. Lakhwan appearing with learned advocate Mr. Zeal Shah, learned advocate for the petitioner.

5. Learned APP Ms. Mehta, on instructions from the Investigating officer has urged that certain provisions as mentioned in prayer para 9(B) have already been added like 465, 467, 468, and 471 of Indian Penal Code. She therefore, stated that this has become infructous.

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R/SCR.A/2619/2019 ORDER

6. According to learned advocate Mr. Gaurav Lakhwani the petitioner has already made his grievance with regard to the non-inclusion of certain provisions. Once those are done there still remains question of certain bank officials being impleaded as party respondent. Considering the fact that the investigation is going on in a matter where FIR dated 12.1.2019, the Investigating Officer shall continue to investigate. The representation made by the petitioner shall be looked into by the Investigating officer who shall also take assistance of all the names set out in the present petition which may throw light on journey of investigation. Let him complete the investigation thoroughly in a non-partisan manner. In the event of any difficulty the petitioner is at liberty to approach this Court.

(SONIA GOKANI, J) MARY VADAKKAN Page 3 of 3 Downloaded on : Sun Jun 30 19:38:01 IST 2019

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