R/SCR.A/15797/2024 ORDER DATED: 10/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 15797 of 2024 ========================================================== SUVARNA KESHAR NAIK Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR JAYPRAKASH UMOT(3581) for the Applicant(s) No. 1 NOTICE NOT RECD BACK for the Respondent(s) No. 2 NOTICE SERVED for the Respondent(s) No. 3,4 MS VRUNDA 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 present petition under Article 226 of the Constitution of India read with Section 528 of the BNSS, the petitioner has prayed for the following reliefs: “7(a) To issue a writ of mandamus or any other writ or appropriate order and/or direction, to transfer the investigation of the FIR being I-CR No.11191008240727 of 2024 registered with Chandkheda Police Station, Ahmedabad City for the offences punishable under Sections 354, 354A and 354D of the Indian Penal Code, 1860 at Annexure-H to any other superior officer than respondent no.2 or in the alternative to hand over the investigation to any independent agency unconnected with the present investigating agnecy; (b) To issue a writ of mandamus or any other writ or appropriate order and/or direction, to direct the respondent No.4 to supervise the investigation of FIR being I-CR No.11191008240727 of 2024 registered with Chandkheda Police Station, Ahmedabad City for the offences punishable under Sections 354, 354A and 354D of the Indian Penal Code, 1860 at Annexure-H looking to the peculiar facts of the case;” 2. Petitioner, who is a lady, is dissatisfied with the conduct of the R/SCR.A/15797/2024 ORDER DATED: 10/07/2025 investigating agency in connection with the investigation of FIR at Annexure-H pursuant to which she approached the Commissioner of Police, Ahmedabad City by way of written application dated 26.10.2024 produced at Annexure-I to the petition. 3. Considering the nature of representations placed at Annexure-I, it is needless to say that the complainant has a right of fair, neutral and impartial investigation. It is the duty of the Investigating Officer to investigate the matter impartially and neutrally. Reference, in this connection, is required to be made to Clause 137 of the Gujarat Police Manual, 1975 Vol III as well as the decision of the Hon’ble Apex Court rendered in the case of State Of Gujarat vs Dipak Jaswantlal Sheth reported in (1998) 3 GLR 2240, wherein, it is observed that it is the duty of the police to do all they can to find out the truth and that an Investigating Officer should carefully consider any evidence tendered to him on behalf of an accused persons and he should not make up his mind on any point hastily, but keep, as far as possible, an open mind to be influenced by evidence only. 4. In view of above, the Commissioner of Police, Ahmedabad City is are directed to look into the matter and to do the needful and ensure about fair, neutral and impartial investigation in accordance with law without being influenced by any observation made by this Court. 5. With the aforesaid directions, the present petition is disposed of. Direct service is permitted. (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 10/07/2025 18:18:34