JAYDEEPSINHJI KESHARSINHJI VAGHELA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this writ application under Article 226 of the Constitution of India, the writ applicant-original first informant, has prayed for the following reliefs;

(2.) It appears from the materials on record that at the end of the investigation, the Investigating Officer filed a "C' summary report. The report is at page-53, Annexure-B to this application. The writ applicant is aggrieved and dissatisfied with the "C" summary report filed by the Investigating Officer before the court below. At the end of the investigation, if a report in the nature of a summary is filed, i.e., "A" summary, "B" summary or "C" summary, it is for the court concerned to look into the same in accordance with law and take an appropriate decision whether (i) to accept the report (ii) to reject the report and take cognizance and (iii) order further investigation. At this stage, I should not look into the legality and validity of the "C" summary report in exercise of my supervisory jurisdiction under Article 227 of the Constitution of India. All the issues can be considered by the Trial Court. Once a "C" summary report is filed, the court concerned will have to issue notice to the applicant herein in his capacity as the original first informant. On receipt of the notice, the applicant will have to lodge his objections to the report. Such objections will be considered by the court below and, thereafter, an appropriate decision would be taken.

(3.) Mr. Kapadia submitted that the investigation has been carried out in a most perfunctory manner. In the event if the court below passes an order of further investigation, then the same should be entrusted to any other officer.