JUDGMENT :

Jayant Patel, J.

In all the matters, common question arise for consideration for exercise of the power for transfer of the investigation and therefore, they are being considered by this common judgment.

2. The facts in nutshell can be summarised as under :

3. This petition has been filed by one Bharatbhai Umedsinh and Ashok Kalusang Amarsang who are original complainants of complaint being C.R.No.I-187/08 registered with Sarkhej Police Station. At this stage, it is not necessary to refer to each and every contents of the compliant, but the gist of the complaint is that the accused Babubhai Jamnadas Patel has created a bogus Power of Attorney and has used it as genuine for the agricultural land of Block No.84 admeasuring 9105 sq. mtrs. of village Ambli which as per the complainant is inherited by them from their forefathers. The complainant has alleged that the accused No.1 Babubhai Jamnadas Patel, based on the Power of Attorney, has got the land converted into unrestricted tenure from restricted tenure and thereafter, has surrendered the said land to the Urban Development Authority at the time of preparation of Town Planning Scheme and in exchange thereto, another final plot has been obtained for which the construction permission has been granted by the Urban Development Authority. The land is thereafter converted into non agricultural land for residential use. The land is also sold to Godavariben Chunilal Thakkar and the said Godavariben Chunilal Thakor has given Power of Attorney to one Chitrak Shah. Thereby, conspiracy is hatched for grabbing of the land and to cause loss to the complainant as well as to the State Government. As per the complainant, they came to know about the aforesaid only when they were served with the notices on 16.02.2007 in the proceedings of this Court being LPA No. 2684/06 in SCA No.9327/06. As per the complainant, since the accused No.1 Babubhai Jamnabhai Patel is a sitting MLA of the party in power at the State level, no action was taken by the police for investigation of the complaint. Therefore, the complainant under these circumstances, has approached to this Court for the appropriate writ.

4. It may be recorded that initially, the prayer in the petition was to transfer the investigation of FIR being C.R.No.I-187/08 to CBI and thereafter, pending the petition, two prayers are added whereby it is prayed to transfer the investigation of C.R.No.I-187/08 to CID (Crime) or any other independent investigating agency and the another prayer added is to call for investigation papers of C.R.No.I-187/08 and to direct the IO for suitable investigation strictly in accordance with law and to further take disciplinary action against the IO.

5. It may be recorded that in this petition, initially on 25.09.2008, this Court (Coram: M.R. Shah, J.) when issued notice, directed the concerned IO to submit the action taken report for the investigation was carried out so far with respect to the complaint being C.R.No. I- 187/08 registered with Sarkhej Police Station. Thereafter, on 21.10.2008, this Court (Coram:R.R. Tripathi, J.) passed the following order:

"1. Learned Senior Advocate Mr. Oza with learned advocate for the petitioners files affidavits in rejoinder. A copy of which is served to learned Additional Public Prosecutor Mr. Raval. The same are taken on record.

2. Learned Additional Public Prosecutor Mr.Raval informs the Court that after registering the offence on 12.08.2008, Police Inspector Mr. G.D.Trivedi wrote letter dated 12.08.2008 to the District Superintendent of Police, Ahmedabad (Rural), a copy of which is produced at Annexure-A2 to the affidavit in reply filed by him, stating therein that, according to him, the offence is required to be investigated by Sabarmati Police Station of Ahmedabad City and therefore, necessary action be taken to transfer the same.

It then transpires from the record that the investigation was transferred to Sabarmati Police Station, therefore necessary presumption is that a