R/SCR.A/641/2025 ORDER DATED: 30/06/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 641 of 2025 ========================================================== DAXABEN VIRUBHAI JOSHI Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MS JAYSHREE C BHATT(170) for the Applicant(s) No. 1 MR MANAN MAHETA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 30/06/2025 ORAL ORDER 1. By way of the present petition under Article 226 of the Constitution of India, the petitioner is seeking direction to respondent No.3 to investigate the matter a fresh by independent agency like CBI, CID Crime. 2. Heard learned advocates for the respective parties. 3. At the outset, learned advocate for the petitioner has restricted her prayer only qua fair, impartial and neutral investigation in light of the representation made by the petitioner. 4. It is further submitted that though, representation was made by the present petitioner to the concerned authority, but, no action has been taken on the part of the concerned authority. 5. Considering the aforesaid fact, matter is required to be investigated thoroughly and properly and it is needless to say that complainant has a right of fair, neutral and impartial investigation. It is the duty of the Investigating Officer to investigate the matter R/SCR.A/641/2025 ORDER DATED: 30/06/2025 impartially and neutrally as per Clause 137 of the Gujarat Police Manual, 1975 Vol III. 5.1. This Court deems it proper to refer the judgment passed by this Court in the cases of (i) Chandan Panalal Jaiswal Vs. State Of Gujarat, reported in 2005 GLR HC 10005144, 2005 (3) GCD 2406 (ii) Valiben, W/o Vitthalbhai Narsinhbhai v. State of Gujarat, reported in 2006 GLR HC 10006919, 2006 (2) GLH 354, 2006 (12) GHJ 518 (iii) Ganibhai Hajibhai Dhoniya v. State of Gujarat and (iv) State Of Gujarat vs Dipak Jaswantlal Sheth reported in (1998) 3 GLR 2240, wherein, it is observed that it is the duty of the police to do all they can to find out the truth and that an Investigating Officer should carefully consider any evidence tendered to him on behalf of the an accused person and he should not make up his mind on any point hastily, but keep, as far as possible, an open mind to be influenced by evidence only. 6. In view of above, the concerned respondent authorities are directed to look into the matter and conduct fair, neutral and impartial investigation in accordance with law, on its own merits, without being influenced by any observation made by this Court. 7. With the aforesaid directions, the present petition is disposed of. This Court has not gone into the merits of the matter. Direct service is permitted. (HASMUKH D. SUTHAR, J.) Ajay Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 30/06/2025 17:56:15