Chamanlal Rugnathji Suthar vs State Of Gujarat
2024 Latest Caselaw 347 Guj

Gujarat High Court

Chamanlal Rugnathji Suthar vs State Of Gujarat on 12 January, 2024

                                                                               NEUTRAL CITATION




    R/SCR.A/476/2024                            ORDER DATED: 12/01/2024

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
 R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 476 of 2024
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                  CHAMANLAL RUGNATHJI SUTHAR
                               Versus
                         STATE OF GUJARAT
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Appearance:
MR VO JOSHI(5883) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
MR UTKARSH SHARMA, ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                          Date : 12/01/2024

                            ORAL ORDER

[1.0] RULE. Learned APP waives service of notice of Rule for and on behalf of respondent No.1 - State of Gujarat.

[2.0] By way of the present petition under Articles 14, 21 and 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, the petitioner has prayed for the following relief:

"YOUR LORDSHIP may be pleased to issue writ of Mandamus or any writ in nature of Mandamus or any other appropriate writ by directing the Respondent No.2 to proper investigate the C.R. No.11195004210076 of 2021 without influence:"

[3.0] Heard learned advocate for the petitioner and learned APP for respondent No.1 - State of Gujarat.

NEUTRAL CITATION

R/SCR.A/476/2024 ORDER DATED: 12/01/2024

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[4.0] At the outset it is worth to mention that when any cognizable offence is registered, then it is the duty of the police to investigate the same impartially and in fair manner and submit the report. Even, as per Clause 137 of the Gujarat Police Manual, 1975 Vol.III, which reads as under, it is the duty of the police to investigate the offence impartially.

"Clause:137.- Police enquiries should always be impartial. It is the duty of the police to do all they can to find out the truth. An investigating officer is to aim at discovering the actual facts and arresting the real offender. He ought not prematurely to commit himself to any view of the facts for or against any person. He should consider carefully any evidence tendered to him on behalf of an accused person. He should not make up his mind on any point hastily, but keep, as far as possible, an open mind to be influenced by evidence only."

[5.0] This Court also deems it proper to refer to the judgment passed by this Court in the cases of (i) Chandan Panalal Jaiswal vs. State Of Gujarat, reported in 2005 (3) GCD 2406 (ii) Valiben W/o Vitthalbhai Narsinhbhai vs. State of Gujarat reported in 2006 (2) GLH 354 and (iii) Ganibhai Hajibhai Dhoniya vs. State of Gujarat.

[6.0] In view of the above, Deesa South Police Station, District Banaskantha is directed to investigate the FIR being CR No.11195004210076 of 2021 registered with Deesa South Police Station, District Banaskantha for the offences punishable under Sections 120(B), 406, 408, 467, 468, 471, 477-A and 119 of the Indian Penal Code, 1860 in impartial and fair manner without

NEUTRAL CITATION

R/SCR.A/476/2024 ORDER DATED: 12/01/2024

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being influenced by any observations made in this order and without being influenced either by the complainant or the present petitioner.

[7.0] With the aforesaid direction, present petition stands disposed of. Rule is made absolute to the aforesaid extent. Direct service is permitted.

(HASMUKH D. SUTHAR, J.)

Ajay