BHURABHAI JETHABHAI DESAI(KHATANA) & 4....Applicant(s) Versus STATE OF GUJARAT & 2....Respondent(s) ================================================================ Appearance:
MR DJ BHATT, ADVOCATE for the Applicant(s) No. 1 - 5 P B VELANI, ADVOCATE for the Applicant(s) No. 1 - 5 MR NJ SHAH, APP for the Respondent(s) No. 1 ================================================================ CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA Date : 07/04/2015 ORAL ORDER
1. By this writapplication under Article 226 of the Constitution of India, the applicants victims have prayed for the following reliefs: "27(A)Your Lordships may be please to issue appropriate writ, order and direction and thereby transfer the investigation of F.I.R. being C.R. No.I145 of 2014 registered with Patan City 'B' Division Police Station, Patan from local police authority to D.S.P., Patan in the interest of jsutice.
(B) Your Lordships may be pleased to issue appropriate writ, order and direction and thereby transfer the investigation from respondent no.2 to respondent no.3 in the interest of justice.
(C) Your Lordships may be pleased to transfer investigation from local authority i.e. respondent no.2 and be pleased to hand over to any other authority which your lordships deem fit in the interest of justice.
(D) Such other and further relief which your lordships deem fit may kindly be granted in the interest of justice."
2. It appears that the applicants herein booked flats in the residential scheme floated by the accused nos.1 and 2 named in the F.I.R. The other coaccused has also some role to play so far as the alleged offence is concerned. It appears that the investigation is in progress.
3. I am informed that the accused no.2 viz. Ankit Mukeshbhai Suthar (Mevada) is arrested and is in judicial custody. So far as the accused no.1 viz. Mukeshbhai Viththalbhai Suthar is concerned, he is absconding. Well, if he is absconding, I expect the Investigating Officer to immediately take steps for obtaining warrant under Section70 of the Code and proceed for that in accordance with law. So far as the other coaccused are concerned, the Investigating Officer is of the view that no case is made out, however, such view is primafacie as the investigation is still in progress.
4. Taking into consideration the fact that the applicants herein are deprived of their hard earned money, they invested in the purchase of the flats and the fraud is also of a large scale, let the investigation, which has been carried out by the Investigating Officer, be monitored and supervised by the District Superintendent of Police, Patan. I expect the investigation to be carried out further in accordance with law. I am sure that with the assistance and supervision of the District Superintendent of Police, the same can be concluded at the earliest.
5. With the above, this petition is disposed of. Direct service is permitted.
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