Gujarat High Court

Manishbhai Nayakabhai Gamar vs State Of Gujarat on 7 July, 2025

                                                                                                               NEUTRAL CITATION




                            R/SCR.A/12449/2024                                   ORDER DATED: 07/07/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 12449 of 2024

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                                      MANISHBHAI NAYAKABHAI GAMAR
                                                     Versus
                                           STATE OF GUJARAT & ORS.
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                       Appearance:
                       MR. MAULIK M SONI(7249) for the Applicant(s) No. 1
                       MS DHWANI TRIPATHI, APP for the Respondent(s) No. 1
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                          CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                                           Date : 07/07/2025

                                                             ORAL ORDER

By way of present petition under Article 226 of the Constitution of India, the petitioner has sought for direction directing the respondent no.2 to consider the application of the petitioner and carry out fair and impartial investigation in connection with the same.

Pursuant to the order dated 26.09.2024, the Police Inspector, Dhanpur Police Station, District Dahod, has submitted report dated 07.07.2025, which is taken on record and he has investigated an offence and further assured about the impartial investigation in view of Annexure-B.

Considering the aforesaid fact, matter is required to be investigated thoroughly and properly and it is needless to say that complainant has a right of fair, neutral and impartial investigation. It is the duty of the Investigating Officer to investigate the matter impartially and neutrally as per Clause 137 of the Gujarat Police Manual, 1975 Vol III.

NEUTRAL CITATION

R/SCR.A/12449/2024 ORDER DATED: 07/07/2025

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This Court deems it proper to refer the judgment passed by this Court in the cases of (i) Chandan Panalal Jaiswal Vs. State Of Gujarat, reported in 2005 GLR HC 10005144, 2005 (3) GCD 2406 (ii) Valiben, W/o Vitthalbhai Narsinhbhai v. State of Gujarat, reported in 2006 GLR HC 10006919, 2006 (2) GLH 354, 2006 (12) GHJ 518 (iii) Ganibhai Hajibhai Dhoniya v. State of Gujarat and (iv) State Of Gujarat vs Dipak Jaswantlal Sheth reported in (1998) 3 GLR 2240, wherein, it is observed that it is the duty of the police to do all they can to find out the truth and that an Investigating Officer should carefully consider any evidence tendered to him on behalf of the an accused person and 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.

In view of above, the concerned respondent authorities are directed to look into the matter and conduct fair, neutral and impartial investigation in accordance with law, on its own merits, without being influenced by any observation made by this Court.

With the aforesaid directions, the present petition is disposed of. This Court has not gone into the merits of the matter.

Direct service is permitted.

(HASMUKH D. SUTHAR, J.) Ajay