MAJULABEN RAJUBHAI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioner original complainant has prayed for an appropriate order to transfer the investigation of the complaint being M Case No. 1/2007 registered with Dabhoi Police Station, Vadodara.

(2.) It appears from the record that the petitioner has filed a private complaint in the Court of learned JMFC, Dabhoi against the original accused Jaggi alias Jagdish Kantibhai Rathod and others for the offence under section 302 r.w. section 114 of the IPC for the untimely death of his son - Pravin Rajubhai Rathod. It also appears from the record that in the said complaint the learned JMFC, Dabhoi has by order dated 8.2.2007 passed an order of inquiry by the concerned Police Officer under section 156(3) of the Cr.P.C. It is the contention on behalf of the petitioner that the investigation has not been carried out in proper manner and right direction. It is also further submitted by Shri Raj, learned advocate appearing for the petitioner that though the I.O. was required to submit the report within a period of 60 days from 8.2.2007, no such report was submitted and an application for extension was filed and therefore, it is requested to transfer the investigation.

(3.) Shri M.R.Mengde, learned APP under the instruction of one Shri K.K.Koli, A.S.I., Dabhoi Police Station has submitted that the inquiry is already concluded by the I.O. and appropriate report is already sent to the concerned Court and according to the I.O., it is a case of B summary.