Gujarat High Court
Balubha Pabubha Ker vs State Of Gujarat on 26 July, 2023
Author: Gita Gopi
Bench: Gita Gopi
NEUTRAL CITATION
R/SCR.A/2068/2022 ORDER DATED: 26/07/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 2068 of 2022
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BALUBHA PABUBHA KER
Versus
STATE OF GUJARAT
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Appearance:
MR RAJESH K SAVJANI(2225) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3,4
MS JIRGA JHAVERI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 26/07/2023
ORAL ORDER
1. This petition is filed with a prayer to transfer further investigation to the Range Inspector General of Police - respondent No. 4 from respondent No. 3 - Police Inspector, ACB Police Station, Devbhoomi Dwarka in connection with the FIR being C.R. No. I-3 of 2021 dated 15.10.2021 against the respondent No. 2, with the Charge-sheet No. 6 of 2021 dated 06.12.2021 for the offence punishable under Sections 7, 13(1)(a) and 13(2) of the Prevention of Page 1 of 3 Downloaded on : Sat Sep 16 23:02:57 IST 2023 NEUTRAL CITATION R/SCR.A/2068/2022 ORDER DATED: 26/07/2023 undefined Corruption Act, 1988 (the Act). The prayer so made is alleging that there has been deliberate omission on the part of the Investigating Officer (IO) and that voice spectrography test of the accused and the witnesses was remained to be done, which could have affected the evidence in relation to the pending investigation qua disproportionate assets and that, within two months, no prima facie information is brought on record by the IO and the investigation does not generate any confidence and the complainant feels the investigation has been done to assist the accused. According to the petitioner, the respondent No. 2 had invested a huge amount in purchase of immovable property between 08.10.2020 and 22.03.2021 and that, he had purchased different immovable properties in the form of land in different villages and cities and the respondent No. 2 has invested approximately an amount of Rs.78 lakh and puchased land in his name and in the name of his family members and is also having share 75% in the land with other private individuals at Village Dhank, Taluka: Upleta.
2. Primarily, the prayer is made for handing over the Page 2 of 3 Downloaded on : Sat Sep 16 23:02:57 IST 2023 NEUTRAL CITATION R/SCR.A/2068/2022 ORDER DATED: 26/07/2023 undefined investigation to the Range IG on the ground that the investigation does not inspire confidence. It is required to be noted that the Charge-sheet has already been filed on 06.12.2021. The application is moved under a misconceived notion since the FIR in question, where the Charge-sheet came to be filed is for the offence under Sections 7, 13(1)(a) and 13(2) of the Act, while the ground which is raised is with an allegation of disproportionate assets of the accused concerned. There is no complaint filed alleging acquisition of property by illegal means or by way of any illegal gratification. No such complaint has been moved and hence, there would not be any reason to even entertain the prayer of the application.
3. For the forgoing observations and discussion, the petition fails and is dismissed accordingly.
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