Farukbhai Musabhai Ghavda vs State Of Gujarat
2023 Latest Caselaw 8712 Guj

Gujarat High Court

Farukbhai Musabhai Ghavda vs State Of Gujarat on 15 December, 2023

                                                                                                NEUTRAL CITATION




     R/SCR.A/3070/2016                                            ORDER DATED: 15/12/2023

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/SPECIAL CRIMINAL APPLICATION (DIRECTION - TO TRANSFER
               INVESTIGATION TO CID) NO. 3070 of 2016

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                          FARUKBHAI MUSABHAI GHAVDA
                                    Versus
                          STATE OF GUJARAT & 2 other(s)
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Appearance:
MR MM TIRMIZI(1117) for the Applicant(s) No. 1
NOTICE NOT RECD BACK for the Respondent(s) No. 2,3
MR SOAHAM JOSHI, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                                  Date : 15/12/2023

                                     ORAL ORDER

1. This petition is filed for the following prayers:

"15(A) YOUR LORDSHIPS may be pleased to issue appropriate writ, order or direction and be pleased to call for the record and proceedings regarding the complaint registered as A.D.No.-61 of 2015 with Bhanvad Police Station, Jamnagar dated-22/10/2015 and after perusing the same be pleased to transfer the investigation of the above complaint to the C.I.D. (Crime), Gujarat in the interest of justice.

(B) YOUR LORDSHIPS pleased to direct the respondents to submit the report and the case diary of the above offence to show the reason for not arresting the accused persons till date and not initiating appropriate steps immediately against

NEUTRAL CITATION

R/SCR.A/3070/2016 ORDER DATED: 15/12/2023

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the accused persons in the interest of justice. (C) xxxxx"

2. Heard learned advocate Mr.Tirmizi for the

petitioner and learned APP Mr.Joshi for respondent-state.

3. Learned advocate Mr.Tirmizi has argued at length

and also relied on the judgments in the cases of Babubhai

V/s State of Gujarat and Others reported in (2010) 12 SCC 254 and Neetu Kumar Nagaich V/s State of Rajasthan and Others, reported in (2020) 16 SCC 777.

4. The matter is filed in the year 2015 and we are

at the fag end of year 2023. It might have happened that by

such a long passage of time, the investigating officer might

have changed and as, no interim relief is granted in this

matter, the investigation might have been carried out further.

5. In view of the above, the prayers made in the

present petition are not required to be considered any further

as, probably, by passage of time, the prayers might have

become infructuous. Accordingly, this petition is disposed of

as having become infructuous. Notice is discharged. However,

it is open for the petitioner to avail appropriate remedy in

accordance with law.

(SANDEEP N. BHATT,J) SRILATHA