NEUTRAL CITATION
R/SCR.A/11433/2018 ORDER DATED: 07/10/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 11433 of 2018
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DEVUBEN MANSINGHBHAI GADHVI
Versus
STATE OF GUJARAT
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Appearance:
MS. KAJAL K BABARIA(8507) for the Applicant(s) No. 1
MR GIRISH M DAS(2323) for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2,3,4,5
MS. MONALI BHATT, ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 07/10/2023
ORAL ORDER
1. The present petition is filled with the following reliefs:
"(A) Your Lordships be pleased to direct to register Complaint dated 20/4/2018 as FIR within 24 hours as per Judgment of this Hon'ble Court dated 12/2/2016 Annex. "C" and further, be pleased direct to investigate the same in accordance with Law in the interest of justice.
(B) Pending hearing and final disposal of this Petition Your Lordships be pleased to direct the Respondent No.4 Director General of Police, Police Bhavan, Gandhinagar to initiate departmental proceedings against responsible Police Officers as per Judgment of the Hon'ble Supreme in the larger interest of justice.
(C) Your Lordships be pleased to impose exemplary cost in present matter as per Judgment of Hon'ble Apex Court in case of Maninderjit Singh Bitta Vs. Union of India, (Supra) of the State of Gujarat, which amount, at the first Page 1 of 3 Downloaded on : Mon Oct 09 20:44:08 IST 2023 NEUTRAL CITATION R/SCR.A/11433/2018 ORDER DATED: 07/10/2023 undefined instance, be ordered to be paid by the State but thereafter the same be recovered from the salaries of the erring officers / officials of the State in accordance with law and such recovery proceedings be pleased to direct to be concluded within six months from today in the interest of justice.
(D) Your Lordships be pleased to grant any other and further relief/s as may be deemed fit and proper in the fact and circumstances of the case in the interest of justice."
2. When the matter is called out, learned advocate for the petitioner was not present before the Court.
3. On earlier occasion, the co-ordinate Bench passed the order dated 09.01.2020, which reads as under:
"Though called out twice, neither of the learned advocates, representing the applicant, are present. However, with a view to give one chance, stand over to 05.02.2020."
4. Heard learned APP Ms. Monali Bhatt for the respondent -State. She pointed out that affidavit -in -reply is filed by the Police Sub - Inspector - Mahipatsinh Balvantsinh Jadeja, which is available on the record along with the necessary documents. It is stated that after twenty days, different applications were preferred by the petitioner alleging against the neighbors and therefore detailed inquiry was carried out and statements of witnesses were also recorded and Panchanama was also drawn and FSL Officer also called on place and opined the same as accident. As per submitted in the affidavit that in fact the husbnad of the deceased, has also stated before the Page 2 of 3 Downloaded on : Mon Oct 09 20:44:08 IST 2023 NEUTRAL CITATION R/SCR.A/11433/2018 ORDER DATED: 07/10/2023 undefined investigating officer that it was merely an accident. There was no murder as alleged by the applicant and stating same the affidavit was also filed by the husband of the deceased. It is also stated in the affidavit -in - reply that after thorough investigation the Office come to the conclusion that it was merely an accident. Therefore, the applications were filed and the Superintendent of Police had communicated to the D.I.G. regarding the conclusion of the investigation and a copy was also sent to the applicant on 23.06.2018. In fact again deponent of the affidavit had tried to serve with regard to report of the investigation on 19.10.2018, which was not accepted by the applicant. For that, entry was made in the station diary that the copy of the same was sent through registered post A.D to the complainant. Considering these averments made in the affidavit- in reply filed by the respondents, the prayers of the present petition is not required to be considered. Accordingly, this petition is required to be dismissed and the same is dismissed accordingly.
(SANDEEP N. BHATT,J) prk Page 3 of 3 Downloaded on : Mon Oct 09 20:44:08 IST 2023