NAGESH NARENDRAKUMAR SHARMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this writ application under Article 226 of the Constitution of India, the petitioner -original complainant, has prayed for the following reliefs;

(2.) The facts giving rise to this writ application may be summarized as under;

(3.) Mr. Raju, the learned senior advocate appearing for the petitioner submitted that having regard to the nature of the allegations, it is only the police who will be able to effectively look into and investigate in the right direction. He submitted that there are cases, more particularly, non -cognizable offences and some of the cognizable once where the complainant may be in a position to produce the whole of the evidence to prove the case. The learned Magistrate himself, through complainant, can collect the necessary evidence to prove the guilt. However, in the case like one in hand, the evidence will have to be collected by the police and, therefore, the investigation under section 156(3) would be the appropriate remedy.