PRAVINBHAI LAKHUBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed to quash and set aside the order passed by the learned Sessions Judge, Arvalli at Modasa below Exhibit-15 in Sessions Case No.66 of 2022 dtd. 30/11/2022 whereby, the said application was rejected and to direct respondent No.2 to conduct further investigation in connection with the complaint being FIR No.11188006210488 registered with Malpur Police Station.

(2.) The petitioner herein is the original complainant of the FIR in question, which was filed under Sec. 454 , 457 and 380 of IPC. At the end of investigation, the respondent No.2 filed charge-sheet before the trial Court against eight accused persons. It is the say of the petitioner that one "Patel Harsh Bharabhai" is also involved in the offence but, respondent No.2 has not investigated the case in a proper manner and even in the charge-sheet, the said individual has not been named as accused. Therefore, the petitioner had filed an application u/s.173(8) of Cr.P.C . before the trial Court. However, the same came to be rejected. Hence, this petition.

(3.) Heard the learned advocates. It appears from the material on record that the alleged incident took place on 19/9/2021; however, the impugned complaint came to be filed only on 22/9/2021. If the complainant was of the firm belief that the individual named - Patel Harsh Bharatbhai was involved in the commission of alleged offence, then he would have disclosed his name in the impugned FIR. However, the complainant had not named the said individual as one of the suspects.