R/SCR.A/2528/2025 ORDER DATED: 22/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 2528 of 2025 ========================================================== POOJABEN W/O. RAMLAKHAN KUSHWAHA Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR. RADHESH Y VYAS(7060) for the Applicant(s) No. 1 NOTICE SERVED BY DS 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 : 22/07/2025 ORAL ORDER 1. By way of this petition, the petitioner has prayed for issuance of appropriate writ, order or direction, directing the respondent authorities to transfer the investigation of FIR being C.R. No.11196027230450 registered at Karelibaug Police Station, Vadodara for the offence under Sections 376D, 376(2)(n), 328 and 114 of the IPC to an independent agency such as CID Crime or any other agency in the interest of justice. 2. Heard Mr. Radhesh Vyas, learned counsel for the petitioner and ld. APP for the respondent State. 3. From the record, it appears that the petitioner has filed similar nature of complaints earlier also. Further, the petitioner has filed FIR against two accused persons and one of them was Rajkumar Parikh, who had had filed consent quashing petition before this Court being CRMA No.11319/2025, which came to be allowed on 03.07.2025. So far accused Yogesh Bhupendra Choksi is concerned, the police has made best efforts to trace out him, LOC has opened and other proceedings are also initiated by the authority, but till date, he is out of reach. R/SCR.A/2528/2025 ORDER DATED: 22/07/2025 Hence, prima facie, it cannot be believed that there is dereliction of duty on the part of the police authorities. Therefore, question does not arise to pass any direction to transfer the investigation as sought for by the petitioner. However, it is clarified that as and when the said accused is/are arrested, in that event, the police has to take appropriate action against him. 4. In view of the above, petition is dismissed. Report submitted by ld. APP is ordered to be taken on record. (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 23/07/2025 15:39:27