1. The present Special Criminal Application under Article 226 of the Constitution of India has been preferred by the petitioner-original complainant-father of the deceased for the following relief;
(B) Your Lordships may be pleased to pass appropriate order, relief, direction directing respondents nos. 11 and 12 to produce the progress report of the investigation including the inquest panchnama and P.M. Note of the dead body of the deceased before this Hon'ble Court.
2. Today when the present application is taken up for final hearing, Shri L.B. Dabhi, learned APP has appeared on behalf of the respondent-State and the Investigating Officer has filed the affidavit submitting that the FIR/complaint has been investigated by the CID (Crime Branch), Vadodara and after the investigation is concluded, with respect to two accused, namely, Natubhai Ranabhai Chaudhari (A.S.I.) and Mahendra Lalchand Patil (Police Constable), both these accused are chargesheeted for the offences punishable under Sections 302, 201, 202, 217, 218, 166, 167 and 164 of the Indian Penal Code and in fact chargesheet is already filed in the Court of learned Judicial Magistrate First Class, Bardoli on 11/01/2012. It is further stated that the investigation with respect to other accused is still continued and for them a special team is already constituted, who will assist the Investigating Officer and an appropriate report will be filed before the learned Judicial Magistrate First Class, Bardoli.
3. In view of the above, no further order is required to be passed in the present proceedings. However, it is observed that in case with respect to other co-accused and after the investigation is concluded with respect to other co-accused Investigating Officer is of the opinion that they have committed the offence, he may submit chargesheet before the learned Magistrate and in case after the investigation is concluded it is found by the Investigating Officer that other co-accused have not committed any offence and appropriate report is submitted before the concerned learned Magistrate, the learned Magistrate to consider the same in accordance with law and on its own merits after following due procedure as required and he may take his own decision in accordance with law and on its own merits. If the learned Magistrate is of the opinion that the said report is to be accepted, in that case, before accepting the same, the learned Magistrate is required to follow the procedure as required and give an opportunity to the petitioner-original complainant to submit protest application and the same be considered in accordance with law on its own merits.
4. With this, the present petition is disposed of. Liberty to revive the present petition is granted in case of difficulty with respect to other co-accused.
(M.R.
SHAH, J.) siji Top