The present Petition has been filed under Articles 14, 19, 21 and 226 of the Constitution of India as well as under Section 172 of the Code of Criminal Procedure for the directions that the further proceedings for the FIR being II-Cr No. 3097 of 2012 dated 5.6.2012 and FIR being I-CR No.116 of 2012 dated 9.6.2012 registered with Meghaninagar Police Station may be stated on the grounds stated in the Petition.
Learned Advocate Mr. Rajesh K. Kanani for the Petitioner has referred to the papers and the FIR being II-CR No. 3097 of 2012 dated 5.6.2012 and FIR being I-CR No.116 of 2012 dated 9.6.2012 registered with Meghaninagar Police Station stating that the same complainant in another FIR being II-CR No.3097 of 2012, is the investigating officer to whom the investigation has been handed over, which is not proper. He has also referred to the other papers.
Therefore, in response to the incident which has taken place in the police station itself and the FIR being II-CR No. 3097 of 2012 registered with Meghaninagar Police Station, learned APP Ms. Archana Raval has taken instructions and has stated that an independent officer will be appointed as I.O. for both these FIRs who is higher in rank than the Respondent No.2.
In view of this statement, learned Advocate Mr. Kanani for the Petitioner does not press this Petition. Therefore, it is directed that the investigation regarding both the aforesaid cases shall be made as directed herein above by the other independent I.O. higher in rank than the Respondent No.2.
In view of the further developments, stated by learned APP Ms.Archana Raval that the charge sheet has been filed, it will be open for the newly appointed I.O. to file fresh charge sheet.
With the aforesaid observations, the present petition stands disposed of as not pressed.
(Rajesh H. Shukla,J) Jayanti* Top