GURVISHKUMAR BIPINBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed under Article 226 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') wherein the petitioner has prayed for transfer of investigation of FIR being C.R.No.11216011210189 of 2021 registered with Info city police station, Gandhinagar for the alleged offences punishable under Ss. 406 , 420 and 120B of the Indian Penal Code. The petitioner has also prayed that further direction be issued to the concerned investigating officer to add Ss. 465 , 466 , 467 , 468 and 471 of the Indian Penal Code in the FIR.

(2.) Heard learned advocate Ms.Tuvar for the petitioner and learned APP for respondent state.

(3.) On the other hand, learned APP has opposed this petition and submitted that when the FIR has been registered by the concerned police authority on the basis of the complaint given by the petitioner, the petitioner has not raised grievance with regard to the said FIR. At the relevant point of time, it was not alleged against the investigating officer that he has not added Ss. 465, 466, 467, 468 and 471 of the Indian Penal Code . It is further submitted that now the chargesheet is already filed as per the submission of learned advocate for the petitioner in September, 2021. At that point of time also, no grievance was raised by the petitioner and only on 18/12/2021 for the first time, the petitioner has written letter/representation to the investigating officer. It is further submitted by learned APP that on the basis of the written representation dtd. 18/12/2021 submitted by the petitioner, the concerned investigating officer has already submitted an application on 29/12/2021 before the concerned JMFC, Gandhinagar and requested for passing order of further investigation under Sec. 173(8) of the Code. Learned APP therefore urged that when the application is already submitted by the investigating officer immediately within a period of ten days from the date of representation made by the petitioner, it is not open for the petitioner to contend that the investigating officer has not taken appropriate steps. Learned APP, therefore, urged that this petition may not be entertained.