DEVILAL HARIJILAL SUTHAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition filed under Article 226 of the Constitution of India, the petitioner original complainant seeking transfer of investigation of the FIR being C.R.No.81/2019 registered on 20/7/2019 with Oldpad Police Station, Surat.

(2.) Facts and circumstances giving rise to filing present application are that, pursuant to the FIR, allegedly registered for the offence punishable under Ss. 406, 420, 120 (b) and 114 of IPC against the accused namely Hasmukh Bed, Milan Bhambhar and Bhura Dhinaiya, the police officer of Olpad Police Station have not taken any step to investigate the matter and till date, the accused are not arrested. The accused have floated the scheme of flats at Surat and after receiving the substantial amount from the complainant as well as other buyers, did not have completed the construction work of the flats and diverted the amount of sale consideration to the other firms namely Dhanraj Developers and withdrew the same for their personal purpose. It is further alleged that, the accused have without completing the construction of flats left the construction site and fled away. The accused have executed the same modus at the different cities of Gujarat and duped innocent investors and thereby, committed the offence of cheating and criminal breach of trust. The complainant made a representation to the higher police officials either directly IO to make fair and proper investigation or to transfer the investigation to independent agency. However, there has been no progress in the matter. As per the facts of the FIR and material placed on record, this scam amounting to Rs.10.00 crores and more. That there have been two other FIRs registered against the accused, wherein, they have followed the similar modus operandie and duped the innocent investors and pocketed crores of rupees.

(3.) In the aforesaid facts, the instant application has been preferred by the original informant for issuance necessary direction to transfer the investigation to an independent agency.