RAKESH RASIKBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Shri Mengdey, ld. APP waives service of rule on behalf of the respondent State. With the consent of parties, the matter is taken up for final hearing today.

(2.) By way of this petition under Article 226 of the Constitution of India, the petitioner, - original complainant of M.Case No.1/03 registered with Vidhyanagar Police Station has prayed for an appropriate order declaring the act of omission of the respondents in the matter of charge sheet/ final report of investigation of crime in pursuance to M.Case No.1/03 filed at Vidhyanagar Police Station on 9-5-03 to be illegal. It is also further prayed to direct the respondents to transfer the investigation of M.Case No.1/03 filed at Vidhyanagar Police Station to CBI or any other independent investigating agency and/or Special Economic Cell.

(3.) It is the contention of the petitioner, - original complainant that the petitioner has filed one private complaint on 9-5-2003 in the Court of ld. JMFC, Anand against the Chairman and other Directors of Karamsad Urban Cooperative Bank Ltd., Karamsad for the offence u/s 409, 465, 467, 468, 420 and 120-B of the IPC alleging inter alia that misappropriation, mismanagement and irregularities in the conduct of advances / loans / finances to various persons named in the complaint. The learned J.M.F.C., sent the said complaint to the P.I., N.C.B., Anand for inquiry / investigation under Section 156(3) of the Criminal Procedure Code and directed the Investigating Officer to submit the report within 30 days. It is submitted that the said complaint / FIR was registered as M.Case No. 1 of 2003 by the Vidhyanagar Police Station and thereafter, time and again, the Investigating Officer prayed for extension of time to submit the report and the last extension was granted by the learned J.M.F.C. by order 17.09.2004 for further period of 30 days. It is the contention on behalf of the petitioner that thereafter, neither there is any application for extension of time nor the investigation is completed. It is submitted that because of misappropriation, mismanagement and irregularities by the Officers of the aforesaid Bank, the Bank has gone into liquidation and inspite of that investigation is not completed though more than four years have passed and even the report is also not submitted. Hence, the petitioner has preferred the present application for aforesaid reliefs.