Mr.Bhunesh C. Rupera, learned advocate for the petitioner took me through relevant papers including the copy of Postmortem report and submitted that as a matter of fact the offence which can be said to have been constituted is a murder punishable under Section 302 of Indian Penal Code.
It is further alleged that the petitioner being illiterate, his F.I.R. was not recorded in the manner he narrated the incident.
Upon the above submission being made, Mr.K.P.Raval, learned Additional Public Prosecutor for the respondents-State, upon the instructions, being received from Mr.K.V.Dave, Head Constable, Dholka Police Station, submitted that P.S.I. Mr.J.D.Khant has investigated the case and he shall record further statement of the complainant under the supervision of Dy.S.P. It is further submitted that further investigation shall be supervised by the concerned Dy.S.P.
On the basis of above statement, Mr.Rupera, learned advocate for the petitioner, upon instructions, at this stage, does not press this application with a request that after the further statement of complainant shall be recorded, the complainant may make some representations before the concerned investigating authority and the investigating authority may be directed to deal with those representations.
In the above view of the matter, the instant application stands disposed of, as not pressed at this stage reserving the liberty of the petitioner to make appropriate representations to investigating authority and investigating authority shall consider such representations and shall deal with it in accordance with law. As submitted Mr.Rupera, learned advocate for the petitioner, petitioner-complainant shall remain present in the office of concerned Dy.S.P. for his further statement, on 10th February,2012 at 11.00 a.m. The application stands disposed of accordingly. Direct service is permitted.
(J.C.UPADHYAYA,J.) Girish Top