KAMLESH MURLIDHAR DULANOMAT THAVANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. Nisarg S. Shah, learned advocate for the applicant and Mr. Hardik Soni, learned APP for the respondent No.1.

(2.) Mr. Shah, learned advocate for the applicant submits that the respondent No.3 has not conducted the investigation in fair and genuine manner. He submits that the respondent No.3 has filed the charge-sheet without conducting proper, independently, thorough and genuine investigation. He submits that the respondent No.3 has not collected CCTV Footage and the CDR of call details before filing the charge-sheet to indicate the presence of accused persons at the place of incident. He further submits that the applicant has submitted application dated 4.11.2020 to respondent No.3 to hold up proper investigation. Mr. Shah, learned advocate on the basis of decision of the Supreme Court in the case of Amrutbhai Shambhubhai Patel vs. Sumanbhai Kantibhai Patel & Ors, 2017 4 SCC 177, submits that the learned Magistrate cannot order further investigation either suos-moto or at the instance of the complainant, and therefore, according to his submission, it is only the Investigating Officer, who can file an application for further investigation, if he finds substance in the application. He has also relied upon order dated 28.01.2016 passed in Special Criminal Application No.7250/2015 and order dated 10.02.2020 passed in Special Criminal Application No.10743/2019 to buttress his submission. He, therefore, submits that the application requires consideration.

(3.) Mr. Soni, learned APP for respondent No.1 submits that the decision of the Supreme Court relied upon by the learned advocate for the applicant does not help the case of the applicant. He, submits that the prosecution case is based on the evidence of eye witnesses. He, therefore, submits that the present application does not warrant consideration.