Samir Surendrabhai Joshi vs State Of Gujarat

[1] By way of present petition, the petitioner has prayed following relief in terms of paragraph 20(B) and (C):

"20(B) Your Lordships may be pleased to pass appropriate writ, direction to the respondent no.2 and respondent no.3 to transfer the investigation pending with the respondent no.3 to Commissioner of Police, Vadodara City or any other superior investigation agency, bureau, Special Investigation Team for further investigation.

20(C) Your Lordships may be pleased to direct the respondent no.2 initiate further investigation in the present crime and thereby, to act further on as per the record maintain by the respondent no.3."

[2] Having heard the submissions made at bar, it appears that the petitioner has ventilated grievance in the present petition that proper investigation is not done and therefore, made a prayer to entrust the investigation to any other independent investigating agency. Looking to the nature of Page 1 of 2 Downloaded on : Tue Jan 07 23:16:26 IST 2020 R/SCR.A/66/2020 ORDER grievance ventilated in the present petition, the remedy of the aggrieved person is to approach the Magistrate concerned under Section-156(3) of the Criminal Procedure Code, 1973. Needless to say that the Magistrate concerned has power to direct proper investigation to be done which includes in his discretion recommending change of investigating officer so that proper investigation is done in the matter.

[3] In light of this position, the petitioner has a recourse available under the law and, therefore, present petitioner is directed to avail alternate remedy to approach Magistrate concerned under Section-156(3) of the Criminal Procedure Code, 1973 and if he does so, the Magistrate will consider such application in accordance with law and pass appropriate order.

[4] With this observation and direction, present petition stands disposed of. Direct service is permitted.

(S.H.VORA, J) SHEKHAR P. BARVE Page 2 of 2 Downloaded on : Tue Jan 07 23:16:26 IST 2020