1. Shri Nigam R. Shukla, learned advocate appearing for the applicant seeks permission to withdraw the application at this stage with a liberty to file a fresh application, after submission of the charge-sheet. Permission is accordingly granted.
2. Shri Nigam R. Shukla, learned advocate appearing on behalf of the applicant has made a grievance that there is no proper investigation of the complaint filed by the applicant. It is submitted by him that recently a report/application was given to add the offences under Prevention of Corruption Act and, therefore, now the said complaint is required to be investigated by the ACB Director, Ahmedabad and/or the FIELD Team, ACB, Ahmedabad.
3. It appears that the applicant, Jawahar Chamanlal Modi, had filed Criminal Inquiry Case No. 232/2008 with the Court of JMFC, Rajkot against the accused named in the said complaint and initially the learned JMFC, Rajkot passed an order for enquiry under Section 202 of the Code of Criminal Procedure and directed the 'B' Division Police Station to hold enquiry and submit the report within 60 days. It appears that by further order dated 31/05/2008, the offence under the Prevention of Corruption Act and for the offences under Sections 465, 467 and 471 are added and it is directed to enquire into the said offences also. It is the case of the applicant that in view of the offence under the Prevention of Corruption Act, the investigation is to be carried out by the ACB Director and the FIELD Team. If that is so, the learned JMFC may also consider the same and shall also consider whether now the investigation is to be conducted by the office of ACB i.e. ACB, Director and its FIELD Team or the investigation is to be continued by the 'B' Division Police Station, Rajkot. The same may be considered by the learned JMFC immediately. The learned JMFC is also directed to see that the enquiry under Section 202 by the concerned Investigation Officer is completed as early as possible and he submits the report as early as possible.
4. With these observations, the application is dismissed as withdrawn with a liberty to file a fresh application, after submission of the charge-sheet. Notice is discharged.
(M.R.
SHAH, J.) siji