JAYESH KHODIDAS PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Shri K.P. Raval, learned Additional Public Prosecutor waives service of notice of Rule on behalf of Respondents. In the facts and circumstances of the case and with the consent of learned advocates appearing on behalf of respective parties, petition is taken up for final hearing today.

(2.) PRESENT petition under Article 226 of the Constitution of India has been preferred by the Petitioner - original complainant to direct Respondent No. 2, Commissioner of Police, Ahmedabad City to initiate inquiry against Respondent No. 2, Joint Commissioner of Police, Zone 1, Ahmedabad and others who are involved with him for the charges alleged by the Petitioner in the present petition.

(3.) A grievance which is voiced in the present Special Criminal Application is that though an FIR has been registered at Naranpura Police Station being C.R. No. I 561/2006, as far back as on 13.09.2006, against the accused person named in the said FIR for the offences under Sections 406, 409, 420, 467, 468, 471, 474, 120(B), 114 and 506(2) of the IPC and though the charge -sheet came to be filed against only few accused persons and though other accused persons inclusive of original accused No. 1 was shown to be absconding, there is no further investigation against the accused persons and the investigation which has been subsequently handed over to the Assistant Commissioner of Police is being done in wrong direction with a view to not only help the absconding persons but also those accused persons who are already charge -sheeted. Therefore, it is requested to transfer the investigation to CID (Crimes), Ahmedabad.