Gujarat High Court
Khurshidben Dalibhai Singanporia vs State Of Gujarat & 9 on 15 December, 2016
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/SCR.A/8982/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 8982 of 2016
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KHURSHIDBEN DALIBHAI SINGANPORIA....Applicant(s)
Versus
STATE OF GUJARAT & 9....Respondent(s)
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Appearance:
MR MAULIN G PANDYA, ADVOCATE for the Applicant(s) No. 1
MS NISHA THAKORE, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 15/12/2016
ORAL ORDER
1 By this application under Article 227 of the Constitution of India, the applicant - original complainant has prayed for the following reliefs:
"8 A) Your Lordship may be please to admit this special criminal application.
B) Your Lordship may be please to quash and set aside the impugned order dated 20.07.2016 passed by the Ld. J.M.F.C., Mandi, Surat passed in Criminal Inquiry No.03 of 2006 and further seeking direction from this Hon'ble Court to remand back the case to the Ld. J.M.F.C., Mandi, Surat and further be pleased to direct them to proceed in accordance with law.
C) Your Lordships may be pleased to direct the respondent No.2 to carry out the investigation and further proceedings in accordance with law.
D) Pending admission and final hearing of the petition Your Lordship may be please to stay the execution and implementation of the impugned order dated 20.07.2016 passed by the Ld. J.M.F.C., Mandvi, Surat passed in Criminal Inquiry No.03 of 2006.Page 1 of 3
HC-NIC Page 1 of 3 Created On Fri Dec 16 00:15:54 IST 2016 R/SCR.A/8982/2016 ORDER E) Pass such orders as thought fit in the interest of justice."
2 It appears from the materials on record that the applicant herein has filed a private complaint in the Court of the learned Judicial Magistrate First Class, Mandvi for the offence punishable under Sections 406, 419, 420, 465, 467 and 469 read with 114 of the Indian Penal Code. The learned Magistrate, vide order dated 18th April 2006, directed the police concerned to register the F.I.R. and carry out investigation under Section 156(3) of the Code of Criminal Procedure, 1973.
3 Pursuant to the directions issued by the Magistrate to register the F.I.R. under Section 156(3) of the Cr.P.C., the F.I.R. came to be registered at the Mandvi Police Station vide the M. Case No.1 of 2006. Since there was no progress or any development in the investigation, the applicant herein preferred an application addressed to the Police Inspector of the Mandvi Police Station in this regard. The applicant was informed that the investigation has been completed and a report has been filed in the Court. Thereafter, it appears that the papers are lost. The applicant has no idea what has happened to her complaint which came to be registered as M. Case at the concerned police station.
4 In such circumstances referred to above, the Judicial Magistrate First Class, Mandvi is directed to immediately look into the matter and call for the necessary report in this regard, if need be, and pass appropriate orders in accordance with law on the report which has been filed by the Investigating Officer. Let this exercise be completed within a period of four weeks from the date of receipt of this order.
5 With the above, this application is disposed of. Direct service is permitted.
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