1. This petition under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 is preferred by the petitioner seeking direction against respondent Nos. 1, 2 and 3 and further investigate the complaint against respondent Nos. 4, 5 and 6 for the offences mentioned in the said complaint. The request made before the learned Magistrate and ordering further investigation carried out by the competent officer and at the end of investigation as above, further report was filed. However, the complainant had grievances and, therefore prayed that the investigation be carried out in a particular manner as envisaged by the complainant. The request was rejected by learned Magistrate and even the Court exercising revisional power also found no substance in the prayer of the complainant and relief on two decision of the Apex Court as well as this Court in the case of C.B.I. Jaipur v.
State of Rajasthan [AIR 2001 SC 668] and C.B.I. vs. State of Gujarat [2007 Crimes (SC) 333] held that the scope of ordering investigation by the learned Magistrate exercising powers under Section 156(3) is limited and further the learned Judge has also found that the dispute between the parties was of a family dispute and about the amount received from the Insurance Company and accident claim to be assured by them. Even learned Judge also considered the plea about receiving of Xerox copy from th concerned Bank by the investigating officer and observed that trial Court can call for witnesses to produce original documents during the stage of evidence. Thus, the above findings of the Courts below are under challenge by the petitioner.
2. Learned advocate for the petitioner assailed the above orders on the ground that the investigating officer was supposed to obtain certified and original copies of the documents namely cheques, policy of insurance and other such material and duty cast upon the investigating officer is not performed in accordance with law. It is also submitted that a fair and impartial investigation is necessary and if relevant documents are not collected through the course of investigation it will be fatal to the case of prosecution and, therefore, when specific allegations were levelled against the accused, the investigating officer ought to have investigated the matter accordingly. It is submitted that it is a case where this Court made alternative order to investigate by CID (Crime) or some high ranking officer since the amount after the death of husband of the petitioner is squander away by private respondents, accused herein and the petitioner is cheated by them and the case was made out for further investigation and order may be passed accordingly.
3. Upon hearing learned advocate for the petitioner and on perusal of the orders passed by the Courts below including the order dated 5th July, 2011 by learned Additional Sessions Judge, City Civil and Sessions Court, Ahmedabad in Criminal Revision Application No. 40 of 2011, I am of the opinion that no error of law much less of jurisdictional error appear on the record and the learned Revisional Court has correctly applied the ratio laid down by the Apex Court in the case of C.B.I. Jaipur v. State of Rajasthan, C.B.I. V. State of Gujarat and Rasiklal Dalpatram Thakkar v. State of Gujarat and further that the Court exercising powers under Section 173(8) has to pass order for further investigation and not beyond anything and about collection of xerox copies from the institutes namely the Bank as well as Insurance Corporation such aspect can be looked into by the trial Court at the time of evidence by summoning the witnesses and, therefore, the orders below do not suffer from any illegality warranting this Court to exercise powers under Article 227 of the Constitution of India read with Section 482 of the Code.
4. The petition is summarily rejected.
[ANANT S. DAVE, J.] //smita// Top