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2008 Supreme(SC) 797

S.B.SINHA, LOKESHWAR SINGH PANTA
Naresh Kavarchand Khatri – Appellant
Versus
State of Gujarat – Respondent


JUDGMENT

S.B. Sinha, J. —

1. Leave granted.

2. Whether the High Court has the requisite jurisdiction to transfer an investigation from one Police Station to another is the core question involved in these two appeals which arise out of judgment and order dated 28.12.2006 in Special Criminal Appeal Nos.2272 and 2271 of 2006.

3. Appellant lodged a First Information Report before the detective Crime Branch, Police Station, Vadodara City under Sections 406, 420 and 120B of the Indian Penal Code against the respondents. According to the appellants, the respondent had assured that the child of the first informants would be admitted in their institution and on that pretext, collected a huge amount from them. The children of the first informant took admission after depositing the admission fee and miscellaneous charges etc. However, their admission was later on cancelled.

4. The FIR was lodged on 23.12.2006. Vadadora Police initiated the investigation. Applications for transfer of investigation were filed before the High Court. On 28.12.2006, the High Court passed the impugned order in the following terms :

“Rule. Mr.P.D. Bhate Ld. APP waive service on behalf of opponent State. At the joint
















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