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2025 DAILYLAW 1721 (GUJ)

PRATAPBHAI DHIRUBHAI GIDA v. STATE OF GUJARAT

SCR.A/642/2024 · 2025-06-25

Hasmukh D Suthar

body2025

Judgment text

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R/SCR.A/642/2024 ORDER DATED: 25/06/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 642 of 2024 ========================================================== PRATAPBHAI DHIRUBHAI GIDA Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1 MR.BHASH H MANKAD(6258) for the Respondent(s) No. 1 NOTICE SERVED for the Respondent(s) No. 2,3 MR MANAN MEHTA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 25/06/2025 ORAL ORDER 1) By way of this petition, the petitioner has prayed for direction directing the respondent Agency to forthwith examine and decide the representation made by the petitioner dated 27.07.2023 about false implication in the FIR. 2) It is needless to say that under Article 226/227 of the Constitution of India, no such order or direction can be passed against the Investigating officer that in what manner and method, investigation is to be conducted. However, it is expedient to direct the investigating agency to investigate the offence in fair and martial manner. 3) In light of the law laid down in the case of State of Gujarat vs. Dipak Jashwantlal Sheth, reported in 1998 (3) GLR 2240, investigating agency is directed to investigate the offence in fair and partial manner and submit a report before the authority concerned. 4) With the above direction, petition is disposed of. Direct Service is permitted. (HASMUKH D. SUTHAR,J) SUCHIT p. 1 Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PATEL SUCHIT JAYESHBHAI(HC01083), Private Secretary, at High Court of Gujarat on 27/06/2025 16:43:01