[1.0] Present Special Criminal Application under Article 226 has been preferred by the petitioner for the following reliefs: 5[a]. to allow this petition with costs and issue a writ of mandamus or any other appropriate writ, direction or order in the nature of writ, directing the registration of the FIR of the offences committed on 10042006 and to direct swift and proper investigation in the matter by an independent officer of high rank;
[b]. to direct institution of inquiry into the conduct of the respondents nos.3 and 4;
[2.0] This matter is called out twice and on both the occasions, learned advocate appearing on behalf of the petitioner has chosen to remain absent.
[3.0] Shri L.B. Dabhi, learned Additional Public Prosecutor appearing on behalf of the State has stated at the Bar that with respect to the alleged incident/offences, an FIR being IC.R. No.45/2006 was registered with Garbada Police Station on 26.07.2006 and further investigation was carried out and even the accused persons were also arrested.
[4.0] In view of the above, the cause for the relief in terms of paragraph 5[a] does not survive as the same has become infructuous. So far as the prayer in terms of paragraph 5[b] is concerned, to direct institution of inquiry into the conduct of the respondents nos.3 and 4 is concerned, let the District Superintendent of Police, Dahod look into the matter and consider whether there was any deliberate delay on the part of the concerned officers in not registering the FIR or not and after holding necessary inquiry, an appropriate decision be taken by him in accordance with law and on merits against the concerned respondents.
[5.0] With this, present Special Criminal Application is disposed of.
(M.R. Shah, J.) menon