HARDIK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The Superintendent of Police, Junagadh is directed to immediately seize the case diary of the present offence and at once transfer the investigation of the case from the Investigating Officer R.B.Solanki, Police Inspector, 'B' Division Police Station, Junagadh city. After going through the papers, Superintendent of Police, Junagadh city is directed to assist the Court through learned APP, Mr.Hardik Soni. Prima-facie, it appears that the first informant had filed a complaint for offences punishable under Ss. 406 and 420 of the Indian Penal Code against father of the applicant alone on 26/7/2017 with regard to the dues of dealership given to the father of the present applicant. As such, for recovery of Rs.91,20,262.00 of 20 Tractors, the first informant had also filed a suit prior to filing of the complaint being Special Civil Suit No.53 of 2016. From the papers, at present, it does not come out whether the father was arrested in connection with this offence or not. Considering the affidavit objecting to grant of bail filed by the present applicant in the Sessions Court, affirmed by very officer, R.B.Solanki, Police Inspector, 'B' Division Police Station, Junagadh city, it clearly indicates that initially the FIR was filed against father of the applicant alone and however, during the course of investigation, name of the present applicant, being accused No.2 is revealed, as claimed in it.

(2.) R.B.Solanki, Police Inspector, 'B' Division Police Station, Junagadh city is directed to file a detailed affidavit disclosing how and in what manner and from what date involvement of the present applicant is revealed.

(3.) It is interesting to note that father of the applicant died on 23/11/2019 whereas applicant came to be arrested on 15/2/2020 and a report dtd. 16/2/2020 is made to the concerned Court by R.B. Solanki, Police Inspector, 'B' Division Police Station, Junagadh city to add Sec. 120(B) , 465 , 467 , 468 , 471 of Indian Penal Code into the FIR. It is further interesting to note that the suit filed by the first informant in the year 2016 came to be decreed by judgment and order dtd. 11/11/2019.