HABIBBHAI JAHANGIRBHAI SIPAHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition has been filed by the petitioner under Articles 226 and 227 of the Constitution of India read with Sections 482 and 173(8) of the Criminal Procedure Code for the prayer that -

(2.) Heard learned advocate Shri Somnath Vatsa for the petitioner.

(3.) Learned advocate for the petitioner referred to the papers and submitted that the orders passed by both the Courts below are erroneous as they have failed to consider the relevant material. Learned counsel for the petitioner submitted that the City Sessions Court also failed to appreciate that there was no proper investigation and not even the statements were recorded under Section 161 of the Criminal Procedure Code. Therefore, when he has made the allegation, it ought to have been considered and the order passed by the learned Metropolitan Magistrate, Court No.3, Ahmedabad in Criminal Case No.3093/2002 below Exh.62 is erroneous and also the order dated 25/05/2011 in Criminal Revision Application No.66/2010 passed by the learned City Sessions Court, Court No.12, Ahmedabad City confirming the said order is also erroneous. He has also referred to the statement at page No.58 as well as subsequent statement and submitted that if the present petition is not entertained by granting the reliefs of further investigation, the petitioner will be prejudiced and there is no other remedy available under the Criminal Procedure Code. He has also submitted that the representation is made on 30.01.2008 which has also not been considered at all by the authorities and, therefore, the application was filed before the Court of Metropolitan Magistrate as well as the revision application before the City Sessions Court which has not been appreciated. Learned advocate for the petitioner, therefore, submitted that further investigation ought to have been ordered in the interest of justice.