The duty of the investigating agency to conduct further investigation and collect fresh evidence under Section 173(8) of the Cr.P.C. to ensure a fair and thorough investigation.

J.B. Pardiwala, J.

1. By this writ-application under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:-

"40. (a) Your Lordships be pleased to admit and allow this petition;

(b) Your Lordships be pleased to transfer the investigation from respondent Nos. 2, 4 and 6 to an independent agency such as Range I.G. of South Gujarat Zone and/or Special Investigating Team under the supervision of Director General of Police and/or to Central Bureau of Investigation (CBI) and register an FIR by arraigning the accused named in the written applications which are annexed at Annexure-A colly in the fact stated herein above.

(bb) Your Lordships be pleased to grant police protection to the petitioner and her family members forthwith as per the application dated 29.7.2014 annexed at Annexure:P/1 to this petition.

(c) Pending the admission, hearing and final disposal of this petition, this Hon'ble Court be pleased to call for the progress report from the respondent Nos. 2, 4 and 6 and to report to this Hon'ble Court as to what sort of investigation has been carried out by them till date;

(d) Your Lordships be pleased to issue an appropriate writ in the nature of mandamus or any other appropriate, writ, order or direction by directing the respondent No. 2, to submit an action taken report pursuant to the order dated 13-02-2014 passed in Special Criminal Application No. 199 of 2014;

(e) Your Lordships be pleased to grant such other and further relief/s as are deemed fit, in the interest of justice."

2. The case of the petitioner may be summarized as under:-

3. The petitioner along with her brother Dhansukhbhai Dayalbhai Rathod had addressed various applications dated 11-07-2013, 17-08-2013/24-08-2013, 29-11-2013, 13-02-2014, 15-02-2014, 26-02-2014, 25-04-2014, 10-07-2014 and 28-08-2014 to the respondent No. 2 to 4 and 7 respectively disclosing commission of the cognizable offences punishable under Sections 406, 420, 465, 467, 468, 471, 504, 506(2), 120(B) read with Section 34 of the I.P.C. and sections 3(1) and 7 of the Prevention of Scheduled Caste and Scheduled Tribe (Atrocity Act).

4. The respondent No. 2 being the highest officer of the rank of IPS has failed to perform his duties and is favouring the persons against whom allegations have been levelled. The respondent No. 2 is supporting the influential persons who are alleged to have grabbed the valuable land of the petitioner and her family members. The persons concerned have gone to the extent of threatening and forcing the poor adivasi people to put their signatures and/or thumb impressions on blank papers on the grounds of settlement.

5. Therefore, this petition is filed for the transfer of the investigation from the respondent No. 2 to the Range I.G. of South Gujarat Zone and/or Special Investigating Team under the supervision of the respondent No. 7 and/or Central Bureau of Investigation (CBI).

6. The petitioner is a member of the Scheduled Tribe. She is completely dependent upon the land and if she is made to part with her land she would suffer huge hardship. The petitioner's only source of livelihood is the land.

7. The land bearing Old Revenue Survey No. 194/2 which is given new Revenue Survey No. 116/2 admeasuring 1500 sq. meters of lands of village Vesu was possessed by grandfather of the petitioner as a tenant. The land of the above survey number was originally owned by one Narsinh Prabhu and Gemal Keshar who will be hereinafter referred to as the "Original Owners". Pursuant to the proceedings which were initiated by the grandfather of the petitioner under the provisions of section 32-G of the Bombay Tenancy and Agricultural Lands Act, he became the tenant of the said survey number by an order passed by the Mamlatdar dated 6-2-1963.

8. The tenant i.e. the grandfather of the petitioner paid the purchase price in 8 periodical installments and subsequent thereto, a 32-M certificate dated 30-01-1974 under the provisions of the Bombay Tenancy and A