ORAL ORDER
[1.0] RULE returnable forthwith. Learned APP waives service of notice of Rule for and on behalf of respondent No.1 - State of Gujarat.
[2.0] By way of present petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (for short "CrPC"), the petitioner has sought for the following relief:
"The Hon'ble Court be pleased to issue writ of mandamus and/or any other writ, order and/or direction to transfer the investigation from respondent no.2 to an independent agency as Rank of Assistant Commissioner of Police, Ahmedabad and/or CID Crime, Ahmedabad Zone, in Criminal Case No.14683/2010 pending before the learned Judicial Magistrate, First Class Court, Ahmedabad (Rural)
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for procuring the original document i.e. forged and bogus power of attorney notarized at Serial No.B/570/2009 dated 06.07.2009 as well as the Agreement to Sale notarized at Serial No.B/569/2009 dated 06.07.2009 in the interest of justice;"
[2.0] Heard learned advocate for the petitioner and learned APP for the respondent No.1 - State of Gujarat.
[3.0] Perusing the record prima facie it appears that in Criminal Case No.14683/2010 an application Exh.13 under Section 173(8) of the CrPC came to be filed by the present petitioner - original complainant, which came to be allowed vide order dated 19.09.2014. However, till date, no progress or proper investigation is carried out by the respondent authority and tried to mislead the Courts also. Two contradictory reports are submitted by the Police Inspector, Sarkhej Police Station. On one hand, the report depicts that accused are not supporting and cooperating in the investigation and on other hand Police Inspector has stated that no such order of Court is received by Sarkhej Police Station. The then Investigating Officer Mr. S.M. Parmar is now no more.
[3.1] Considering the peculiar facts of the present case and sorry state of affair, police authority has been able to dodge the order of competent Court for more than 10 years as the alleged two power of attorney and cheques are very material evidence and vital for the case of prosecution. Hence, present petitioner has succeeded in making out a prima facie case and present is a fit
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case for transfer of investigation. [4.0] In view of the peculiar facts of the case on hand, present petition is allowed. Investigation pursuant to order dated 14.09.2014 passed by the learned Judicial Magistrate, First Class Court, Ahmedabad (Rural) below application Exh.13 filed under Section 173(8) of the Code of Criminal Procedure, 1973 in Criminal Case No.14683/2010 is hereby ordered to be transferred to the CID Crime Branch, Ahmedabad and said investigation to be carried out by an officer not below the rank of Assistant Commissioner of Police to be concluded preferably within a period of four weeks from the date of receipt of present order and also to take appropriate action against the erring police officials. Liberty is reserved in favor of the present petitioner to file appropriate proceedings against the erring officials if the need so arises. Present petition is disposed of accordingly. Rule is made absolute to the aforesaid extent.
(HASMUKH D. SUTHAR, J.)
Ajay
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