LAWS(GJH)-2008-2-308

MUKESHBHAI ISHWARLAL PRAJAPATI Vs. STATE OF GUJARAT

Decided On February 04, 2008
Mukeshbhai Ishwarlal Prajapati Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) BY this petition under Articles 226 and 227 of the Constitution of India and Sections 482 and 483 of the Code of Criminal Procedure, 1973 (the Code), the petitioner prays for a direction to transfer the investigation of I ? C.R. No.105 of 2007 registered with Unjha Police Station, Unjha, either to the Superior Officer than the respondents No.2 and 3 herein, or to the C.I.D. (Crimes), and to pass all incidental and consequential orders.

(2.) THE grievance of the petitioner in the present petition is that, initially, the respondents did not register the First Information Report and therefore, the petitioner was constrained to approach this Court by way of Special Criminal Application No.580 of 2007, inter alia, praying to direct the respondents to register an FIR for the offences punishable under Section 306 and / or Section 302 read with other sections of the Indian Penal Code. By an order dated 29th March, 2007, Notice was issued in the matter, pursuant to which the First Information Report was registered on 31st March, 2007 being I ? C.R. No.105/2007. According to the petitioner, the investigating officer was favouring the accused and was, therefore, not arresting them, and that, the respondent No.3, Police Inspector, Unjha Police Station, the then Investigating Officer did not initiate investigation and interrogation of the accused teachers even though they were regularly attending the school. That, despite several representations having been made by the petitioner, the accused were not arrested. Hence, the petitioner made an application dated 16.4.2007 to the Deputy Inspector General of Police, Gandhinagar Range, Gandhinagar to hand over the investigation to an officer superior in rank than the respondents No.2 and 3, or to hand over the investigation to the CID (Crime).

(3.) ACCORDING to the petitioner, the police has not recorded statements of any of the persons whose affidavits are produced before this Court and that the police is trying to shield the accused persons and is also involved in destroying the evidence. It is in these circumstances that the petitioner has moved the present petition seeking the reliefs noted hereinabove.