MOHAMMED SUHEL MOHIYUDDIN TIRMIZI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. Yogesh Lakhani, learned Senior Counsel assisted by Mr. Meet Raval, learned counsel for the Petitioners and Mr. Mitesh Amin, learned Public Prosecutor assisted by Mrs. Krina Calla, learned APP for the Respondent State.

(2.) Pursuant to the FIR being C.R.No.11191036200654 of 2020 registered at Navrangpura Police Station, Ahmedabad City, for the offence under Ss. 336 , 337 , 338 and 304A of Indian Penal Code, 1860, the investigating agency has submitted chargesheet against the owner of Shrey Hospital, Ahmedabad. Being aggrieved by the investigation, the Petitioners herein have preferred present petition for further investigation of the case and pray for the following main reliefs:-

(3.) Learned Senior Counsel for the Petitioners submits that the Investigating Agency has filed chargesheet mechanically without considering the broad aspects of the issue raised in the present petition. He further submits that, mobiles of the deceased were taken away well in advance, so that no one can able to call the patient and therefore, call details of the mobile phones of the deceased need to be investigated thoroughly, for which direction be issued for preservation and retention of data maintained by the mobile companies - respondent Nos. 2 to 5 herein.