KIRIT M BHRAMBHATT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. K.T. Dave, learned APP appears and waives the service of notice of rule on behalf of the respondents.

(2.) In this petition filed under Article 226/227 of the Constitution, petitioner challenges the order dated August 7, 2001 passed by respondent No.3, Special Inspector General of Police, Ahmedabad Range, Ahmedabad, by which he has directed to reinvestigate the offence registered with Anand Rural Police Station vide CR No.II-3031 of 2000 on the basis of the complaint filed by one Jayantibhai Ramanbhai Patel against the petitioner for the commission of alleged offence under sections 504 and 506 of the Indian Penal Code ('IPC' for short) on March 31, 2000. The said complaint was investigated by the police officers of the Anand Rural Police station and since no offence was divulged against the petitioner on investigation, investigating officer, submitted an application on April 26, 2000 under section 173 of the Code of Criminal Procedure ('the Code' for short) before the learned Judicial Magistrate, First Class, Anand and prayed for C summary. The learned JMFC Anand issued notice to the complainant on the report submitted by the investigating officer. The complainant appeared before the learned JMFC, Anand and gave pursis to the effect that he has no objection if C Summary as prayed for is granted. Thereafter the JMFC Anand vide order dated May 1, 2001 granted C summary as prayed for.

(3.) It is the case of the petitioner that he is due for promotion as Deputy Superintendent of Police and 17 juniors to him are already promoted. It is contended that in view of the fact that respondent No.3 is opposing him due to personal enmity because of earlier proceedings and the suit and the Special Civil Application and Criminal Cases, who has not succeeded till date, has passed an order directing respondent No.2 to reinvestigate the case being CR. No. II-3031 of 2000 of Anand Rural Police Station by communication dated August 7, 2001. Respondent No.2, that is, Deputy Superintendent of Police gave an application to the learned Judicial Magistrate, First Class, Anand on August 9, 2001 requesting the learned Magistrate to hand over the investigation papers to him which were submitted before the learned Magistrate at the time when C summary was sought for as he wants to further investigate the case under section 173 (8) of the Code. On the said application, the learned Magistrate passed order on August 17, 2001 observing that police wants to further investigate and, therefore, papers of C summary are to be sent to the police officers and accordingly the said papers are sent to the concerned police station.