LABHUBHAI VASHRAMBHAI DARVA (PATEL) Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Shri KT Dave, learned 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 Articles 226 and 227 of the Constitution of India, the petitioner/ original complainant/informant has prayed for an appropriate order directing the learned Chief Judicial Magistrate, Bhavnagar to pass an appropriate order upon the final report of the PSI, Vartej Police Station, Bhavnagar in connection with the complaint being C.R. No.2 of 2002 after considering the written objections of the petitioner.

(3.) It appears from the record that a FIR came to be filed by the petitioner before the Vartej Police Station against the accused persons named in the said complaint for the offences punishable u/s 406, 420, 120-B, 465, 467, 468 and 114 of the IPC and the said complaint was filed on 24-8-01. It also further appears from the record that after investigation, the concerned Investigating Officer has submitted "C" summary u/s 169 of Criminal Procedure Code and the same has been submitted to the ld. Chief Judicial Magistrate, Bhavnagar on 22-5-02, against which the petitioner, - original complainant has also submitted its objections. A grievance which has been voiced in the present petition is that in spite of the fact that "C" summary report is submitted by the concerned Investigating Officer as far as back on 21-5-02, no decision has been taken by the learned trial Court on the said report and after considering the objections of the petitioner.