In this petition filed under Articles 226 and 227 of the Constitution of India, the petitioner has made the following main prayers:
[A] To issue a writ of certiorari or any other writ or direction, quashing and setting aside the order dated 6.11.2004 passed below the report dated 8.10.2004 submitted by Investigating Officer in connection with Criminal Case No.3928/2002 arising out of FIR bearing I-CR No.245/2002 registered with Sardarnagar Police Station, Ahmedabad being by the learned Metropolitan Magistrate, Court No.2, Ahmedabad which is at Annexure:D.
[B] To issue a writ of certiorari or any other writ or direction, directing the learned Magistrate to decide the report dated 14.05.2004 submitted on 16.05.2004 by the Investigating Officer namely Police Sub Inspector, Sardarnagar Police Station, Ahmedabad, filed for discharge of accused in connection with Criminal Case No.3928/2002 arising out of FIR bearing I-C.R.No.245/2002 registered with Sardarnagar Police Station, Ahmedabad being in accordance with law and after hearing the petitioner, which is pending before the learned Metropolitan Magistrate, Court No.7, Ahmedabad which is at Annexure:C."
2. Mr.
S.V.Raju, learned Senior Advocate, appearing for the petitioner submits that in absence of any additional material on record or detailed probing of the allegations against the petitioner, submitting report dated 16.07.2004 filed by the Assistant Commissioner of Police, B Division, Ahmedabad and order passed by the learned Magistrate on 06.11.2004 upon communication by police dated 08.10.2004 of continuing the operation of warrant under section 70 of the Code, is illegal. It is submitted that the Investigating Officer had recommended dropping of the case and cancellation of warrant under section 70 of the Code by his report dated 16.05.2004, which is in the nature of a report under section 169 of the Code.
3. Learned APP, however, submits that in fact no report was filed under Section 169 of the Code and further opinion of one Investigating Officer was not binding to the successor in-charge and it was for the learned Magistrate to consider the report submitted by the Investigating officer and the fact remains that as per the charge sheet filed, the petitioner is shown as an absconder.
4. On perusal of the record and submissions made by learned advocates for the parties, I am of the opinion that the learned Magistrate having jurisdiction of the case shall consider the report filed by the Investigating Officer in accordance with provision of the Code. At the time of issuing notice, the petitioner was granted a relief to the extent that no coercive steps like arrest shall be made. The same shall continue for a period of 3 [three] weeks from today so that remedy in accordance with law can be availed by the petitioner. It is open for the learned Magistrate to apply mind on relevant reports submitted to the Court.
With the aforesaid, this petition stands disposed of.
[Anant S. Dave, J.] *pvv Top