LAWS(GJH)-2014-2-47

MAHESHKUMAR KANTILAL DAVE Vs. STATE OF GUJARAT

Decided On February 26, 2014
Maheshkumar Kantilal Dave Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) MR .Ramanbhai Purshottamdas Patel, Police Inspector, Aagathala Police Station, who is the Investigator has filed an affidavit sworn on 04.02.2014. He was sought to be joined as party in his personal capacity, and therefore, necessary order was passed and the rule was made returnable on 05.03.2014. However, the newly added respondent appeared today at 2:30 p.m. and waived the service of rule. The other respondents also waived the service of rule, and thus, instead of 05.03.2014, the matter has been taken up today.

(2.) THE petition is preferred with a prayer to transfer the investigation of FIR being ICR No.85 of 2013 registered with Aagthala Police Station, Dist: Banaskantha to any other independent agency unconnected with the present investigating agency. Such a prayer is made on various grounds including the fact that, despite the petitioner having disclosed the identity of the assailants in the FIR itself, they are not proceeded against. The petitioner has placed on record the affidavit of various eyewitnesses, but their statements have not been recorded and, it appears that the chargesheet came to be filed during pendency of this petition in haste and hurry only against original accused No.1. So far as other accused are concerned, the investigator has made a statement on oath in his affidavit that two eyewitnesses exonerated accused Nos.2 and 3 by pleading their absence during the incident in question, though earlier they stated to have seen the incident. In the affidavit, it was further stated that location of the mobile phone of the brother of the complainant was found at a distance of six kilometers from the place of the incident. The investigator has further attributed the brother of the complainant with a threat to the investigator to implicate the accused.

(3.) IN above view of the matter, it is difficult to inspire the confidence in the investigation so far conducted by respondent No.4 herein.