FARIDABANU Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PRESENT Special Criminal Application under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure has been preferred by the petitioner ? original complainant to quash and set aside the impugned order dated 01/11/2010 passed by the learned JMFC, Borsad below application dated 01/11/2010, by which the learned Magistrate has rejected the said application submitted by the petitioner to add offence under Section 307 of the Indian Penal Code in complaint/FIR being C.R. No.I-198/2010 registered with Borsad Town Police Station. In the alternative it is prayed to direct the respondents to ensure proper and effective investigation in connection with the FIR registered as C.R. No.I-198/2010 with Borsad Town Police Station after addition of the offence under Section 307 of the IPC.

(2.) SHRI Hriday Buch, learned advocate appearing on behalf of the petitioner has vehemently submitted that infact looking to the injury and weapon used on the vital part of the body of the victim, it is a clear case of Section 307 of IPC and still the investigating officer has not addedthe offence under Section 307 of the IPC against the accused persons of complaint/FIR being C.R. No.I-198/2010. It is submitted that looking to the medical/injury certificate when an application was submitted to the learned Magistrate to add offence under Section 307 of IPC , the learned Magistrate ought to have granted the same. It is further submitted that even the concerned investigating officer was required to add offence under Section 307 of the IPC and is required to investigate into the offence under Section 307 of the IPC also.

(3.) WITH this, present Special Criminal Application is disposed of. Direct service is permitted.