Point of Law: The investigation of the crime on the scientific line is to help the Investigating Agency so as to enable collection of evidence to prove the guilt or innocence of the person accused of committing crime as the modern community requires modern scientific methods of crime detection, lest the public go unprotected.

ORDER :

1. Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of respondent-State.

2. By way of present petition, the petitioner has prayed to direct the Investigation to be conducted by independent Investigating Agency of the State i.e. C.I.D. Crime and further prayed to allow this petition directing the suspects to undergo tests that are scientifically approved methods/technique for increasing efficiency of investigation.

3. Heard learned advocate for the petitioner and learned APP for the respondent-State.

4. It is submitted by learned advocate for the petitioner that petitioner seeks proper and fair investigation to be conducted by the independent Investigating Agency of the State i.e. C.I.D. Crime in regards to missing a person i.e. Gita (victim) who is suspected to be killed by her own husband i.e. Mahesh and for which he frequently made his representations dated 24.12.2019. 12.06.2020, 24.06.2020 and 01.07.2020. That the investigation conducted by Una Police Authorities is ex facie illegal, erroneous, partial and biased making it contrary to the facts and circumstances of the case, evidence on record, provisions of law and settled legal position and more particularly overlooking undisputed fact that there is intentionally suppression of many material facts and several material witnesses and suspects are not examined by the police authorities during the investigation making the entire case of the petitioner. That it has been more than 12 months since present petitioner/original complainant first informed the police authorities regarding her missing daughter but no investigation has taken place nor any final report has been filed nor the present petitioner has been informed about the same in any manner. That the investigation has constantly been hindered and interfered by the clan/gang/association consisting Mahesh (suspect), Vijay alias Pothiyo, Rahul @ Yashwant Babhaniya, Sanjay Bhaga Babhaniya and Chintan Ghadvi, who had also played a significant role in coercing the petitioner and her family members to withdraw the representations and/or the complaint which was made before the police authorities at Una. Moreover, they have also unduly influenced the police authorities not to react and/or investigate the current issue as they being political heavyheads of the area and also involved in several criminal activities, whereby they were playing hand in glove with the police authorities. Hence it is requested by learned advocate for the petitioner to allow this petition as prayed for.

5. Learned APP has produced a report dated 01.12.2020 under the signature of Police Inspector, A.C.B. Gir Somnath addressing to the Government Pleader, Gujarat High Court, Ahmedabad, which is taken on record.

6. While opposing the prayer made by the present petitioner learned APP for the respondent-State has argued that as local crime branch is investigating the inquiry scientifically without prejudice to the petitioner and with an accurate manner, or prayer made by the present petitioner may by granted by this Court. That time to time investigating agency has produced the reports showing the progress of the investigation in connection with the complaint made by the petitioner. That lie detection test of three suspected accused persons was also sought for by the prosecution but such prayer was rejected by the learned Trial Court, and therefore, Criminal Revision petition No.13 of 2020 was also preferred by the prosecution before the learned Additional Session Judge, Una, which was rejected on 27.11.2020. That sufficient technology was used by the prosecution and, therefore, there is no question of denying justice as apprehended by the present petitioner. That the report of the investigating agency falsifies apprehension of the present petitioner that no proper investigation is carried out to find out the culprit and as there is no substance in the prayer made by the present petitioner, learned APP for the respond