R/SCR.A/1766/2025 ORDER DATED: 10/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 1766 of 2025 ========================================================== HARDIKSINH @ HOTHIBHAI SAVJIBHAI VAGHELA Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1 NOTICE SERVED for the Respondent(s) No. 2 MR ROHAN SHAH, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 10/07/2025 ORAL ORDER 1) By way of this petition, the petitioner has prayed for the following reliefs:- “(B) The Hon’ble Court may please to allow this application by issuing suitable order/direction directing the respondent No.2 to forthwith taken actions more particularly with regard to the filing of an appropriate report as contemplated under the BNSS, 2023 when the application for anticipatory bail came to be rejected by this Hon’ble Court. (C) The Hon’ble Court may please to allow this application by issuing appropriate writ, order or directions directing the respondent police agency to forthwith taken suitable actions for take appropriate steps after anticipatory bail of the accused came to be rejected. (D) Pending hearing, admission and till final disposal of the present application, the Hon’ble Court may please to call for the appropriate report from the investigating officer about FIR No.11195017211075/2021 with regard to the outcome of further execution, implementation of the order in respect of effecting arrest of the accused in the facts and circumstances of the present case.” 2) From the record, it appears that after receiving notice, the petitioner was arrested. Hence, the cause does not survive. However, considering the inaction on the part of the Investigating Agency, it is evident that despite the rejection of anticipatory bail and a request to arrest the petitioner, the R/SCR.A/1766/2025 ORDER DATED: 10/07/2025 Investigating Officer failed to take appropriate action. This was despite the statutory obligation of the authority to conduct an impartial investigation and to maintain law and order. 3) After the petitioner has approached this Court and notice came to be issued by this Court, then only, the petitioner was arrested at late night. Both the Investigating Officers remained personally present before the Court i.e. Mr.Kiritsinh Hemtuji Bihola, Police Inspector, Deodar Police Station and (2) Hardikkumar Prabhatbhai Desai, Police Sub-inspector at the relevant point of time in Deodar Police Station and have tendered unconditional apology stating that there was no deliberate attempt on the part of them not to arrest the petitioner and gives assurance that he shall be diligent and vigilant in performing their duties. Undertakings are taken on record. 4) In view of the above, no further order is required to be passed in this matter. Accordingly, petition is disposed of. (HASMUKH D. SUTHAR,J) SUCHIT 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 11/07/2025 14:59:33