Petitioner has moved this Court inter alia praying for directing the Investigating Officer of Anand Town Police Station to record the statment of complainant and his witnesses and also to take documentary evidence on record. It is his grievance that police is not recording the statement of the complainant. As against this, the learned APP Mr. JA Desai has submitted that police has already submitted "C" summary report and that was done because complainant and his witnesses were not available. Mr. Desai was fair enough to say that if the Court directs the Investigating Officer, the investigating agency has no objection to record further statement of witnesses. Thus, having regard to the facts and circumstances of the case, the learned Magistrate is directed to dispose of the "C" summary application submitted by the police before him and pass appropriate order in the light of the willingness shown by the investigating agency within a period of 15 days from the date of receipt of order of this Court. Notice discharged.
(K.J Vaidya, J.)