ANIKET RAMESHBHAI GANAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The challenge is given to the order dtd. 3/4/2023 in Criminal Misc. Application No.8 of 2023 pending before the Principal Judge, Family Court at Dahod, with further prayer to direct the Family Court to allow Exhibit-53.

(2.) The order impugned is in connection with an application below Exh.53 with a prayer to examine the Inquiry Officer, P.S.I, Khambaliya Gate Police Choki in Criminal Appeal No.222 of 2018, and that application was by the applicant as an opponent in the matter before the Family Court. The applicant therein had produced her reply at Exh.54. The learned Judge of the Family Court had observed that the application, which was moved is to examine the police inspector, Jamnagar, who was entrusted with the inquiry under Sec. 202 of Cr.P.C. in Criminal Inquiry No.222 of 2018.

(3.) The learned Judge while rejecting the application has rightly observed that the inquiry is totally a different matter than that of the matter pending before the Judge, and such Inquiry Officer cannot be examined in the proceedings before the Family Court. The learned Judge has observed that the Criminal Inquiry Case No.222 of 2018 before the Judicial Magistrate, First Class at Jamnagar is under consideration, and the complaint before the Magistrate is under Sec. 191, 192, 193, 194, 195, 196, 208, 209, 211, 384 , 385, 465, 466, 470, 471 and 114 of IPC. It was observed by the learned Judge that the inquiry is still not concluded, and no decision has been taken by the concerned Magistrate and, therefore, the learned Family Court Judge came to the conclusion that such Inquiry Officer cannot be examined in the maintenance application before the Family Court.