Himanshu Mahendrabhai Sampat vs State Of Gujarat
2021 Latest Caselaw 165 Guj

        R/SCR.A/9076/2020                                   ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        R/SPECIAL CRIMINAL APPLICATION NO. 9076 of 2020

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                   HIMANSHU MAHENDRABHAI SAMPAT
                               Versus
                         STATE OF GUJARAT
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Appearance:
S D MANSURI(7509) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3,4
MS MONALI BHATT, APP for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE B.N. KARIA

                            Date : 07/01/2021

                             ORAL ORDER

1. Rule returnable forthwith. Learned APP waives service of

notice of Rule for and on behalf of respondent nos.1 to 4.

2. By way of present application, the applicant has prayed to

modify the impugned oder dated 30.09.2020 passed by learned

Chief Judicial Magistrate First, Ahmedabad in Inquiry Case No.667

of 2020 directing respondent no.4 to lodge an FIR against proposed

accused and other accused in accordance with law.

3. Heard learned advocate for the applicant.

4. It is submitted by learned advocate for the applicant that

respondent nos.2 and 3 are not taking any action against the

proposed culprits by lodging an FIR under the procedure provided

R/SCR.A/9076/2020 ORDER

under Section 154 of the Code of Criminal Procedure, 1973, as per

the guidelines given in many judgments of the Hon'ble Supreme

Court. That offence has been committed by the culprits under

Sections 406, 420, 465, 467, 468, 471, 477 and 120(b) of the

Indian Penal Code under the jurisdiction of Ellisbridge Police

Station. That though time period was granted by the learned Chief

Judicial Magistrate, Ahmedabad, in his order dated 30.09.2020, to

submit a report within a period of 90 days, no action has been

taken by the concerned Police Station, and therefore, the applicant

was constrained to give an application to the Commissioner of

Police, Ahmedabad, but nothing is resulted in positive manner.

Thereafter, time was sought by the concerned officer of CID Crime

before the Chief Judicial Magistrate, Ahmedabad and no date was

fixed. That learned Chief Judicial Magistrate, Ahmedabad ordered

to file a report of investigation immediately, but his application was

rejected. That proposed accused Ankit Gor was working in the

capacity of company's Accountant and handled the account affairs

of the applicant's company. That he has also referred the bank

statement of the company and submitted that numbers of time

huge amount was withdrawn. That proposed accused has also

taken the amount from different clients in view of the registration

R/SCR.A/9076/2020 ORDER

fees and stamp duties fees for plots and bunglows, however, he has

not deposited the said amount in the account of present applicant

or in the account of the company. That it is necessary that

investigation must be completed forthwith, otherwise every

possibility to flee away from the offence by the proposed accused.

That he has requested to direct respondent no.4 to lodge an FIR

against proposed accused in accordance with law and proposed

accused has committed the offence of huge financial fraud which

would be resulted to the proposed accused to flee away from the

offence.

5. Having gone through the averments made in the application

and submissions made by learned advocate for the applicant as well

as learned APP for the respondent­State, it appears that the learned

Chief Judicial Magistrate, Ahmedabad was pleased to pass an order

in Inquiry Case no.667 of 2020 on 30.09.2020 directing to register

an inquiry of the applicant and producing the necessary documents

and it was further ordered the CID Crime, Ahmedabad Zone to

proceed with the issue under Section 156(3) of the Cr.P.C. It was

further directed to inquire into the matter and submit a report

within a period of 90 days. It further appears that as per

submissions of learned advocate for the applicant, report was not

R/SCR.A/9076/2020 ORDER

submitted within a period of three months and time was sought by

the concerned Investigating Officer before the learned Chief

Judicial Magistrate, Ahmedabad. No date was fixed. Considering

the documents produced on record, proposed culprit was working

as Accountant in the company of present applicant and from the

statement produced on record, number of times huge amount was

withdrawn by the proposed accused. Certain cheques are also

produced on record by present applicant and as per the submissions

of learned advocate for the applicant, no signature of present

applicant was there in cheque, however, forged signatures were

made by the proposed accused and this amount was also

withdrawn by him. Considering the seriousness of the allegations

made by the applicant in his representation before the concerned

Police Officer and documents produced on record, this Court is of

the view that the concerned Investigating Officer of the CID Crime,

Ahmedabad must complete the investigation in accordance with

law on or before the end of February­2021 and submit a report

before the learned Chief Judicial Magistrate, Ahmedabad. Hence,

the Investigating Officer, CID Crime, shall proceed with the

investigation as per the order passed by the learned Chief Judicial

Magistrate, Ahmedabad on 30.09.2020 in Inquiry Case no.667 of

R/SCR.A/9076/2020 ORDER

2020 and proceed with the inquiry in accordance with law as well

as submit a report on or before the end of February­2021 before the

learned Chief Judicial Magistrate, Ahmedabad.

6. In view of the above observations, present application stands

disposed of. Rule is made absolute accordingly.

7. Registry is directed to send a copy of this order to the

concerned authority through fax or email forthwith. Direct Service

is permitted.

(B.N. KARIA, J) rakesh/