MAULIKBHAI VALLABHBHAI GHETIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP waives service of notice of Rule on behalf of respondent Stage. With the consent of learned advocates on both the sides, the matter is heard today finally.

(2.) This petition has been filed under Article 226 of the Constitution of India as well as Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.' for short) praying to pass appropriate order, writ or direction, directing the I.O. of Morbi Taluka Police Station to carry out further investigation in connection with I-C.R. No.152/2017 on the ground that there was no investigation to the commission of offences under Sections 326 and 457 of IPC.

(3.) Ms. Riya Choksi, learned advocate for Mr.Tejas M.Barot, learned advocate for the petitioner, submits that the petitioner in the present petition has challenged the inaction on the part of the Investigating Officer, who was to carry out the investigation properly, honestly, impartially and ought to do his duty without being bias. There is sheer failure on the part of the investigating agency in carrying out honest investigation, which has laid the accused being charged with far lesser and less serious offences and under the circumstances the prosecution was not in a position to bring home the appropriate charges against the accused which would ultimately lead to failure of justice.