DILIPKUMAR JITENDRA SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present petition, following reliefs are prayed :-

(2.) The case background is as under :-

(3.) Learned advocate Mr. P.M.Dave, having referred to documents on record, submits that by following order of this Court passed in bail application, the petitioner has deposited Rs.11.00 lakhs before the learned Trial Court. He would further submit that the petitioner has not played any role in commission of an offence. He would further submit that when FIR was lodged, the petitioner had already retired from services, after taking VRS. He would further submit that during the time period of his service, audit of the bank transaction took place but such transaction did not point out any illegality or irregularity in money transaction. The FIR is filed with device and design to harass the present petitioner. Apart from such submissions, he would submit that in view of Sec. 102 of Cr.P.C., Investigating Officer has not followed mandatory procedure as laid down in Sec. 102 of Cr.P.C. After freezing bank account, he has not reported to the jurisdictional Magistrate Court. In view of such, action taken on the part of the Investigating Officer is bad in law, without jurisdiction and therefore, requires to be quashed and set aside. In support of his submission, he has relied on judgment of this Court in the case of Trivendrakumar Somalal Bhandari Vs. State of Gujarat (Special Criminal Application No.5678 of 2021) and in the case of Hansaben w/o Sunilbhai Gulabsinh Padhiyar Vs. State of Gujarat (2021 (3) GLR 2328). Above submission is made to allow this petition.