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3. Brief facts of the case are that the petitioner - accused and the complainant were good friends and they were knowing each other. The complainant was used to come at the home of the petitioner/accused, whereupon, the petitioner/accused was living with one Mr. KK Singhal. There were some allegations of illicit relationship. On 6.8.2016, the complainant was at her home with her children, at that time around 11 o'clock in the mid night, the petitioner/accused came to the home of the complainant and spoken filthy and abortive language towards Mr. KK Singhal. The husband of the complainant at that time tried to subside the situation, but at that time, the petitioner/accused passed threat of dire consequences and also spoken filth, but abortive language. Since the parties have harboured trifling grudges, this incident was reported by the complainant to Bopal Police Station and came to be registered as FIR being II - C.R. No.504 of 2016 registered with Bopal Police Station for the offences punishable u/s 504, 506(2), 114 of the NEUTRAL CITATION R/CR.MA/23337/2016 JUDGMENT DATED: 17/08/2023 undefined IPC..

Post the matter on 16.09.2022."

4.5 On 26.7.202, this Court has passed following order:-

"Mr. V R Desai, In-charge of the Bopal Police Station is present before the Court and through learned APP submits that the application for further investigation has been moved before the court of learned Chief Judicial Magistrate, Ahmedabad (Rural) as the papers of charge-sheet related to offence being IICR No.504 of 2016 are missing. The record also speaks that on 07/10/2020, the In-charge Police Inspector, Bopal Police Station made a similar statement to this Court, as also affirmed on oath by way of an affidavit dated 19/09/2022.
2. I say and submit that Investigating Officer on duly investigating the FIR in question bearing No. II- 504/2016 dated 27.08.2016 registered with Bopal Police Station handed over the investigation papers to Assistant Sub Inspector, Babubhai Jenabhai whose name is also reflected in the online charge-sheet. Before his retirement on 30.06.2017, the investigation papers were handed over to Shri P. V. Desai the than Police Sub Inspector, Bopal Police Station. It is further required to be noted that Shri P. V. Desai handed over the investigation papers to Police Sub- Inspector Vishalsinh Arjunsinh, Crime Writer on 16.10.2017 and had obtained his signature mentioning receipt of the papers.
3. I say and submit that the charge-sheet stood prepared and filed online but subsequently the charge-sheet so prepared got misplaced, efforts were made to search the same before the Sessions Court and the Police Station but till date unfortunately the charge-sheet as well as investigation papers of FIR bearing No. 11-504/2016 registered with Bopal Police Station have not been found. The statement of the writer of Bopal Police Station was taken who disputes the receipt of his signature.