KISHOR @ HAKO BHALABHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr.M.R.Mengdey, learned APP waives service of rule on behalf of the respondent No.1-State. With the consent of the learned Advocates appearing on behalf of the respective parties, the matter is taken up for final hearing today.

(2.) By way of this application under Section 482 of the Criminal Procedure Code, the petitioner original accused has prayed for an appropriate order quashing and setting aside the FIR being CR No.II- 3220/2007 registered at Jetpur City Police Station, Jetpur, District Rajkot, dated 25.08.2007 for the offence punishable under Section 279 of the Indian Penal Code. Alternatively the petitioner has also further prayed to direct to transfer the investigation of said FIR to any higher independent investigating agency.

(3.) At the outset, Ms.Shah, learned Advocate appearing on behalf of the petitioner presses the relief to transfer the investigation of the aforesaid FIR to any higher independent investigating agency and at this stage, Ms.Shah, learned Advocate, does not press the prayer for quashing and setting aside the aforesaid FIR.