USHABEN JAYESHBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this petition under Article 226 read with sec.482 of the Code of Criminal Procedure, the petitioner original complainant has made a grievance against the inaction on the part of the investigating officer in completing the investigation with respect to the offence registered with the DCB Police Station, Surat vide M.Case No.1 of 2006.

(2.) Mr.SV Raju, learned counsel for the petitioner has submitted that though the complaint is filed on 18/2/2006 and the Chief Judicial Magistrate, Surat, I/C. 6th Additional Senior Judge, Surat, by order dtd.18/2/2006 has directed the Police Sub-Inspector, DCB Police Station, Surat to make investigation under sec.156(3) of the Code of Criminal Procedure and submit the report within a period of 15 days, the investigation is not completed and and there is no progress in the investigation. It is also fuhrer submitted that even no extension is sought from the trial court for submitting the report. Relying upon the decision of the Hon'ble Supreme Court reported in 1992 SCC (Crime) 192, more particularly paragraph Nos.44 and 46, Mr.Raju submitted that in appropriate case where after registering the crime, if no expeditious investigation is made, the Magistrate or High Court, on satisfying the grounds, may direct completion of investigation within reasonable time. Submitting accordingly, it is requested by the learned counsel for the petitioner to pass appropriate order directing the concerned investigating officer to complete the investigation as early as possible and submit the report before the learned Chief Judicial Magistrate, Surat.

(3.) Mr.M.R. Mengdey, learned Addl.Public Prosecutor, under the instructions from the concerned investigating officer has submitted that looking to the investigation papers, it cannot be said that there is no progress in the investigation at all. He has submitted that the documents which are collected during the course of the investigation, are sent to the FSL on 28/6/2007 and even reminder was sent on 21/7/2007 and the opinion of the FSL is awaited. However, he has fairly conceded that due to inadvertent mistake, extension for submitting the report has not been sought from the learned Chief Judicial Magistrate, Surat.