ASHOK DEVENDRA GOYAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present application, applicant has prayed following relief in terms of paragraph-6(B):

(2.) Having heard the submissions made at bar, it appears that the applicant has ventilated grievance in the present application that proper investigation is not done and therefore, made a prayer to entrust the investigation to any other independent investigating agency. Looking to the nature of grievance ventilated in the present application, the remedy of the aggrieved person is to approach the Magistrate concerned under Section-156(3) of the Criminal Procedure Code, 1973. Needless to say that the Magistrate concerned has power to direct proper investigation to be done which includes in his discretion recommending change of investigation officer so that proper investigation is done in the matter.

(3.) In light of this position, the applicant has a recourse available under the law and, therefore, present applicant is directed to avail alternate remedy to approach Magistrate concerned under Section-156(3) of the Criminal Procedure Code, 1973 and if he does so, the Magistrate will consider such application in accordance with law and pass appropriate order.