(Per : HONOURABLE THE ACTING CHIEF JUSTICE MR.BHASKAR BHATTACHARYA) Pursuant to our order dated April 24, 2012, these matters have appeared today.
The Investigating Officer, Ms. Shobha P. Bhutada, is also personally present. It appears that on promotion, she joined the post of Superintendent of Police, Amreli, which is an adjoining District of Junagadh, on April 13, 2012.
By our order dated April 2, 2012, we directed the Investigating Officer to expedite the investigation and particularly a specific direction was given to conclude the investigation in respect of item Nos. 4 and 5 indicated in the last page, i.e. page No.6 of the report within a period of fortnight from that date. However, in view of the fact that she joined as Superintendent of Police at Amreli District, she could not complete the investigation on the said two points within the time fixed by us.
After hearing the learned counsel for the parties and after taking into consideration the enormity of the crime with which we are concerned with in this litigation, in our view, such type of investigation should not be handled by too many investigating officers and when the present investigating officer was in charge of the investigation for about one month and a half and at the same time, on her request, we have appointed an expert for assisting her, it is a fit case where the investigation should be concluded by the selfsame investigating officer.
Mr. Jani, the learned Government Pleader appearing on behalf of the State has submitted before us that for avoiding the technical objection as regards territorial jurisdiction of the investigating officer, necessary notification will be issued by the State in terms of section 36 of the Code of Criminal Procedure permitting Ms. Shobha P. Bhutada to leave her Head Quarters at Amreli for the purpose of concluding the investigation of this matter, and during her absence the concerned Deputy Superintendent of Police of that District will be in charge of that District under her.
We, therefore, direct the State Government to issue such notification positively by tomorrow so that the said investigating officer can continue with the investigation from tomorrow.
We extend the time for completion of investigation in respect of item Nos. 4 and 5 indicated in the last page, i.e. page No.6 of the report, which are very important, and we direct that the investigation on those two points shall now be completed within 10 days from the date of issue of the aforesaid notification.
The investigating officer is also directed to complete the entire investigation as expeditiously as possible, and if she faces any difficulty in the matter of progress of such investigation in any manner, she is free to mention the matter before this Court after giving notice to the learned counsel for the parties.
The investigating officer is also directed to take immediate steps to take possession of the digital print of Elisa Test along with details of batch number and Elisa kit number etc, as pointed out in point No.2 of clause G of paragraph No. 7 of Misc. Criminal Application No. 3422 of 2012.
Let these matters appear on May 10, 2012 as item No.1 in the list.
[BHASKAR BHATTACHARYA, ACTING C.J.] mathew [J.B.PARDIWALA. J.]