Thakor Mukeshji Hamirji vs State Of Gujarat & 7

1. During the pendancy of this petition for transfer of investigation, charge-sheet came to be filed by the Investigating Agency.

2. Learned Advocate Mr. Barot, appearing for the petitioner, has urged this Court that after going through the papers of investigation, the right of the complainant to move an application for further investigation be kept open.

3. As this Court has not examined the papers of charge-sheet, as the charge-sheet is already laid and the case is committed to the Court of Sessions, the petitioner is permitted to Page 1 of 2 HC-NIC Page 1 of 2 Created On Tue May 03 01:13:36 IST 2016 R/SCR.A/1175/2015 ORDER approach the Court concerned. In the event, if it is requested by the petitioner, the Court concerned shall examine the requirement of further investigation independently, without being influenced by the fact that this petition is permitted to be withdrawn.

Permission, as prayed for, is granted. This petition stands disposed of as WITHDRAWN. This Court has not examined the matter on the aspect of transfer of investigation as also on the aspect of further investigation. It shall be open to the petitioner to approach this Court in case of difficulty, having approached the concerned Court. Permission as prayed for is granted. Disposed of as, WITHDRAWN.

(MS SONIA GOKANI, J.) UMESH Page 2 of 2 HC-NIC Page 2 of 2 Created On Tue May 03 01:13:36 IST 2016