RAMESHBHAI NARANBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this application, filed under Article 226 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure, 1973, the applicant - original complainant of Criminal Inquiry No.36223 of 1994, seeks to challenge the impugned order dtd. 27/8/2021 passed below Exh.25 by which the Trial Court did not have considered the request of the complainant for issuance of necessary directions to comply with the order dtd. 24/5/1994, passed in Criminal Inquiry No.56 of 1994.

(2.) This Court has heard learned Senior Counsel Mr.I.H. Syed assisted by learned advocate Mr.D.K. Dave appearing for and on behalf of the applicant.

(3.) Facts and circumstances giving rise to file present application are that private complaint was filed by father of the applicant Naranbhai Patel for the alleged offences punishable under Ss. 406 , 408 , 409 and 420 read with Sec. 114 of the IPC. On 24/5/1994, the learned Additional Chief Magistrate Court, Vadodara postponed the issue of process against the accused and directed an investigation to be made by Ravpura Police Station under Sec. 156(3) of the IPC and further directed to submit a report of investigation within 30 days. On receiving the order, M.Case No.15/1994 was registered and on verification of the place of offence, the PSI, Ravpura Police Station was of the view that the cause of action for the offence arises under the jurisdiction of Dabhoi Police Station. The report to this effect was submitted to the Judicial Magistrate First Class Court, Vadodara. The Trial Court issued notice to the complainant. The complainant vide Exh.6 submitted his objections. Vide order dtd. 28/8/1997, after hearing the complainant, the Trial Court directed Ravpura Police Station to inquire into matter and submit its report. Vide report dtd. 21/1/1998, the Investigating Officer of Ravpura Police Station, after due inquiry into the matter, came to a conclusion that no offence is made out and submitted its report along with statement of witnesses and documents. Again, the Trial Court issued notice to the complainant. The original complainant expired on 12/1/1999. The applicant herein submitted an application before the Trial Court to join as complainant and accordingly, it was allowed. The complainant herein, pursuant to the notice issued by the Court, filed his objections on 7/6/2014 against the report dtd. 22/1/1998, submitted by Ravpura Police Station.