SURYABEN RAMESHJI THAKORE 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 FIR being CR I No.107 of 2007 registered with Deesa Rural Police Station, District : Banaskantha.

(2.) Shri K.T.Dave, learned APP under the instructions from the I.O. has submitted that the investigation is already concluded and the I.O. is of the opinion that it is not a case of homicidal death and therefore, the I.O. has already submitted the B summary report.

(3.) At this stage, Shri R.J.Goswami, learned advocate appearing for the petitioner has submitted that in fact, it is a case of homicidal death and the offence has been committed by the accused persons under sections 302 and others as alleged in the complaint and therefore, it is a fit case to transfer investigation.