HATHIBHAI NARJIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr.Gohil, Ld.APP waives service of rule on behalf of the State. With the consent of learned advocates for parties matter is taken up for final hearing today.

(2.) The petitioner has preferred this petition for directing the respondent to carry out the investigation in connection with the complaint vide CR No.I-93/2 by an independent agency of CBI or CID(Crime) under the supervision of an officer not below the rank of Dist.Superintendent of Police. Upon hearing Mr.Nanavaty for the petitioner and Mr.Gohil, Ld.APP for the respondent-State, it appears that there is no dispute on the factual aspect that further investigation under section 173(8) is ordered by the court below.

(3.) It is the say of the petitioner herein that the investigation by the very agency which investigated the matter earlier may not result into proper investigation in connection with the alleged crime. It has been submitted on behalf of the petitioner by Mr.Nanavaty that as such it is an offence under section under section 302 I.P.C. He submitted that the offence under section 302 can be made out from the photograph and the other incidental evidences. Therefore, he submitted that unless there is proper investigation by an expert agency the truth may not come out. He has also submitted that as the trial has reached to the evidence stage for the alleged offence under section 306 IPC, the trial may be stayed until the report is submitted after further investigation and he submitted that the accused in connection with the offence are already released on bail and therefore if the trial is stayed for some time no serious prejudice will be caused to the accused or to the State, as the case may be.