R/SCR.A/1559/2024 ORDER DATED: 13/06/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 1559 of 2024 ========================================================== YOGESHKUMAR PRATAPSANG RANA Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR MA SAIYAD(5598) for the Applicant(s) No. 1 MS BENAZIR M HAKIM(5166) for the Applicant(s) No. 1 NOTICE SERVED for the Respondent(s) No. 2,3 MR ROHAN H RAVAL, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 13/06/2025 ORAL ORDER By way of present petition under Articles 226 and 227 of the Constitution of India, the petitioner has sought the relief to direct the respondent authority to investigate the murder of Pratapsang Rana by higher officer not below the rank of DySP or any independent agency to initiate action against all the culprits involved in the crime. Having heard learned advocate for the petitioner and perusing the grievance which is raised vide Annexure-A dated 05.12.2023, it appears that the said grievance is in connection with the FIR being CR No.11215029230444 of 2023 registered with Tarapur Police Station, District Anand for the offences punishable under Sections 143, 147, 148, 149, 323, 325, 504, 506(2) of the IPC and section 135 of the Gujarat Police Act against seven accused persons. Herein, the learned APP has submitted that the charge- R/SCR.A/1559/2024 ORDER DATED: 13/06/2025 sheet is filed, which is admitted by the Court. Perusing the said complaint, nowhere it is stated about the death of said Pratapsang Rana and hence factum of death of said Pratapsang Rana on the date of registration of complaint and even subsequent thereto is not disclosed. Prima facie, perusing the said representation it appears that merely injury was caused but in absence of any material which suggests that during the course of investigation or due to consequence of the said injury, in absence of any live link of alleged incident and the cause of death, no case is made out to pass any blanket order to register the complaint for the offence under Section 302 of the IPC and that too in exercise of powers under Articles 226 and 227 of the Constitution of India merely because the said relief is sought for by the petitioner. It is needless to say that under the Code there is a complete machinery and the provision that if any grievance qua investigation is there then the aggrieved person should approach the higher authority and even the Court if the charge- sheet is filed. In view of above, no case for exercise of powers under Articles 226 and 227 of the Constitution is made out and hence, present petition is dismissed. If the petitioner is so advised, he shall have to take recourse to alternative statutory remedy. (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 13/06/2025 18:04:16