MUKESHBHAI BHAVANJI THAKKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) . This revision application is moved by the original complainant under sec. 397 read with sec. 401 of CrPC in reference to the CR NO. I-153/2002 registered at Bhuj City Police Station on 8.7.2001 at about 1.00AM.

(2.) . On completion of investigation of the crime, the police has charge-sheeted respondent no. 2-Dhaval Thakkar for the offence punishable under sec. 302 of IPC and he has been committed to the Court of Sessions by the concerned Magistrate. The respondent no. 2-accused is facing trial at present for the said offence in the Sessions Case No. 30/2001. Ld. APP, during the course of submissions has stated that the trial is pending with the Court of Addl. Sessions Judge dealing with the under-trial prisoners which is one of the Court established for the purpose under the programme of "Fast Track Court". Of course, this Court is aware of the fact that looking to the nature of the grievance expressed by the present petitioner, the pendency of the sessions case before the Fast Track Court would not be relevant.

(3.) . (i) It is contended by the petitioner that he being original complainant had prayed before the trial court vide application ex. 8 under sec. 173(8) of CrPC for passing an order for further investigation in the facts and circumstances of the case. (ii) Ld. Counsel for the petitioner Mr. Raval has taken this Court through the number of set of facts available on record and has tried to point out that the ld. Sessions Judge ought to have granted the application and prayer to investigate the crime further, so element of offence of criminal conspiracy if found, can be unearth or anybody if found to have abated the accused Dhaval than such person or persons can also be tried simultaneously with the main accused Dhaval. (iii) The inter-se relations between the accused and the original complainant is mentioned in para-5 and 6 of this revision application and it is submitted that prosecution witness Chandani, daughter of Kishorebhai and P.W. Kasturiben is a niece of petitioner's eldest brother Mahesh Bhavanji Thakkar. The petitioner's eldest brother Maheshbhai is paternal uncle and petitioner's sister-in-law Gitaben wife of Maheshbhai Thakkar is paternal aunt.