USHABEN KUNDANLAL DAVE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr.Gohil, Ld.APP waives service of rule on behalf of respondent State. The Spl.Criminal Application No.502/05 is preferred by the petitioner for directing the respondents to investigate properly and lawfully into the various complaints filed, copies whereof are at annexures A, H, I and J, whereas Spl.Criminal Application No.648/05 is preferred for the same relief pertaining to the complaint at annexure. Heard Mr.Ramnani, Ld.advocate for the petitioners and Mr.Gohil, Ld.APP for respondent-State.

(2.) Mr.Gohil, Ld.APP for the respondent-State, at the outset, declared before this court that in connection with the complaint vide FIR No.8/05 the charge sheet is filed on 12.7.05 in the trial court and he further submitted that in connection with complaints, vide CR No.243/04 of Bhuj City Police Station, CR No.370/04 of Bhuj Taluka Police Station and CR No.8/05 of Gandhidham Police Station which includes the matter in which the charge sheet is already filed the investigation is entrusted to CID(Crime) and he places on record the copy of the order passed by the Dy.IG, Gujarat State for entrustment of inquiry in connection with the aforesaid complaints filed against the office bearers of Venus Life Marketing India Ltd for cheating, breach of trust etc. As such, when the investigation is entrusted to CID(Crime) by the Dy.IG of the State, the same, primafacie, can be said proper mode adopted by the police authorities for investigation in connection with the complaints which are filed. However, it also appears that there are other complaints against office bearers of Venus Life Marketing India Ltd which are not referred to in the order passed by the Dy.IG, Gujarat for entrusting the investigation to CID(Crime).

(3.) Considering the facts and circumstances, it appears that if the investigation pertaining to the complaints which are left out including the complaint referred to by the petitioner but filed against Venus Life Marketing India Ltd by the depositors or the agents, as the case may be, is also entrusted and undertaken by the CID(Crime), the same would be in the interest of justice because, as such, the nature of crime is same, but as there are different depositors and persons interested, various complaints are filed and, if the investigation is conducted by one agency, the same would not only facilitate the investigation, but it would also enable the investigating agency to have proper probe and inquiry into the alleged accusations.