BHADRESHKUMAR BIPINCHANDRA SHETH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner has invoked the jurisdiction of this Court impugning the order dated 25.04.2013 committing a criminal case to the Court of Sessions after noticing the commission of the offence by the petitioner, punishable under Section 376 of the Indian Penal Code (for short "IPC") on the basis of the report dated 07.04.2013 (Exhibit:42) submitted in pursuant to further investigation under Section 173(8) of the Criminal Procedure Code, 1973 (for short "Cr.P.C.") as directed by the Hon'ble Supreme Court in Special Leave Petition (Criminal) No.636/2013.

(2.) CRIMINAL Case No.51 of 2001 came to be registered against the petitioner for the offence punishable under Section 506(2) of IPC on the basis of the complaint dated 31.05.2001. Preceding the said complaint, a complaint dated 29.05.2001 was also sought to be given, but the Competent Officer of the Police Station then, refused to take its cognizance under the pretext of lack of jurisdiction with him. While the criminal case was in process, it appears that the issue in relation to the complaint dated 29.05.2001 was raised which ultimately travelled to the Hon'ble Supreme Court at the instance of the complainant, wherein directions were issued to make further investigation and submit the report to the Competent Court within a period of 30 days. Accordingly, such a report was submitted in April2013 in pursuant to the order dated 31.03.2012 passed by the learned Metropolitan Magistrate Court No.11, Ahmedabad directing further investigation as ordered by the Hon'ble Supreme Court. On submission of the report, the impugned order committing case to the Court of Sessions has been passed which has aggrieved the accused.

(3.) AS against that, the learned APP drew attention of this Court to the complaint dated 29.05.2001 alleging frequent sexual assaults and blackmailing of the complainant by the petitioner as also complaint dated 31.05.2001 complaining about threat having been executed by the petitioner to the complainant to compel her to submit to his sexual desires. It was contended that during the trial of the offence under Section 506(2) of IPC, it was revealed that in fact, main offence alleged against the petitioner was under Section 376 of IPC and therefore, in pursuant to the application made by the complainant as also ultimate order of the Hon'ble Supreme Court and thereafter as ordered by the learned Magistrate, the offence under Section 376 of IPC having been detected, in the submission of the learned APP, proper and legal order committing case to the Court of Sessions and cancelling bail bond of the petitioner has been passed and that this Court under the discretionary powers under Article 226 of the Constitution of India should not interfere.