MAHENDRABHAI G PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD Mr.Krunal P.Champaneri, learned advocate holding brief of Mr.P.S.Champaneri, learned counsel for the petitioner and Mr.K.L.Pandya, learned APP for the respondents.

(2.) AT the outset, it is to be recorded that investigation and filing of chargesheet for the offence, which is alleged in the Criminal Case No.14 of 2008 which was ordered to be investigated u/s.156(3) of the Cr.P.C. by the order dated 17.3.2008 has been stayed since 30.9.2008. Thereby, further investigation of the case could not be done for all these more than 5 years, whereas, the only controversy before this Court is with regard to the order dated 20.9.2008 by which the learned Magistrate has initially granted one day remand of the present petitioner for the offences punishable u/ss.406, 420, 465, 467, 468 and 114 of the IPC. However, on the same day, the Magistrate has stayed his own order on request of the petitioner since he wants to challenge the stay order and thereafter such order is stayed till date by order dated 30.9.2008. There is no clarity on record that what happened to the investigation thereafter i.e. whether investigating agency has completed the investigation and file the chargesheet or not. Whatever may be the development till date, the fact that after passage of five years, now there is no scope of confirming the order of the Magistrate granting one day remand of the present petitioner, more particularly, considering the fact that practically, there is some transaction between the complainant and accused and there is a defence that these are civil disputes.

(3.) IT is certain that in the present case, such time has already been over since complaint is of the year 2008 and, therefore, there is no option but to allow this petition.