R/SCR.A/11029/2025 ORDER DATED: 04/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 11029 of 2025 ============================================ DILIP BAVKUBHAI DHANDHAL Versus STATE OF GUJARAT & ORS. ============================================ Appearance: MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1 MR HARDIK MEHTA, APP for the Respondent(s) No. 1 ============================================ CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 04/09/2025 ORAL ORDER 1) By way of present petition under Article 226 of the Constitution of India the petitioner has sought for following reliefs :- (A) This Hon’ble Court be pleased to allow this Special Criminal Application by issuing appropriate writ, order or directions, directing the respondent no.5 to forthwith examine and decide the representation by the petitioner dated 28.07.2025 and 05.07.2025 which is also placed at Annexure-A and D about innocence, false implication in the F.I.R and in turn direct the Respondent Nos.3 and 4 herein to decide the said representation about petitioner’s innocence which is placed at Annexure-A; (B) Pending admission and final disposal of the petition, the Hon’ble Court be pleased to direct the respondent agency to forthwith look into the representation made by the petitioner at annexures A and D within time bound schedule and to submit report about the outcome of the representation as ordered by this Hon’ble Court in the facts and circumstances of the present case; 2) Heard heard the learned Advocate for the petitioner and learned APP. R/SCR.A/11029/2025 ORDER DATED: 04/09/2025 3) The accused has no right to dictate the Investigating Agency how and in what manner the investigation is required to be conducted and there is no such provision. Therefore, question does not arise to pass any direction as sought for. Even otherwise it is the duty of the concerned Investigating Officer to investigate the offence in fair and impartial manner as per Rule 137 of the Gujarat Police Manual. 4) Considering the aforesaid fact, no case is made out to pass any direction under Article 226 of the Constitution of India. It is expected that the investigate the offence in fair and impartial manner, if any grievance is there qua investigation even otherwise there is sufficient safeguard provided in the Act. 5) Accordingly, present petition is disposed of. (HASMUKH D. SUTHAR,J) ANKIT Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ANKIT YOGESHBHAI JANSARI(HCW0109), ENGLISH STENOGRAPHER GRADE I, at High Court of Gujarat on 06/09/2025 11:46:04