ORAL ORDER

1. This Special Criminal Application under section 482 of Code of Criminal Procedure, 1973 is filed seeking transfer of the investigation relating to the crime registered as per FIR No. 11191036211275 of 2021 of Navrangpura Police Station to CID Crime Ahmedabad Zone (Special Economic Offence Wing).

2. Heard learned counsel for the petitioner and learned Additional Advocate General appearing for respondents no.2 and 3. 3. Brief overview of the facts leading to the lis in this application may be stated as follows:

The petitioner is a registered company under the Companies Act, 1956. It has been doing business in selling industrial coal. One power industry in Ahmedabad which is a partnership firm approached the Regional Office of the petitioner for purchasing industrial coal. As per the terms and conditions of the agreement between both of them, the petitioner has supplied 200 tons of industrial coal to the said power industry. It appears that there is a dispute pertaining to payment of money relating to the said supply of the product. A cheque that was issued towards payment of the money due to the complainant was dishonoured on account of the ‘stop payment’ order issued by the drawer.

4. The petitioner has lodged a report with the Navrangpura Police Station in connection with the said dispute making certain allegations of cheating etc. against the accused therein. The said report was registered as a crime for the offences punishable under section 406, 420 and 120B of IPC and the aforesaid FIR was registered to the effect. When the investigation in the said crime is going on, this application was filed by the petitioner seeking direction to transfer the investigation from the said police station to CID Crime Ahmedabad Zone (Special Economic Wing). The request for transfer of investigation is made mainly on the ground that the police are not properly investigating the crime and their investigation is perfunctory and they are not arresting the culprits by name (1) Asifali Faruki and (2) Ajay Modi even though they are very much available in Ahmedabad city.

5. Learned Additional Advocate General Mr. Mitesh Amin submits on instructions that one of the accused by name Asif Faruki was recently arrested on 29.02.2024 and thereafter, he was remanded to judicial custody. He would submit that there is a problem relating to the identity of the other accused as there is a discrepancy in his name and the details of his identity are collected from the complainant as directed by this Court on 29.02.2024 and that the police are making their best efforts to nab him after tracing his whereabouts. Learned Additional Advocate General also vehemently contended that there is no truth in the allegation made against the police by the petitioners that investigation is perfunctory and the same is not properly being conducted in this crime. He asserts that every genuine effort is being made by the police to trace the culprits and to take the investigation to its logical end.

6. Learned counsel for the petitioner also now would fairly concede that there is considerable progress in the investigation at present after the same is being monitored by this Court.

7. Therefore, when the only grievance of the petitioner is that the aforesaid two accused are not being nabbed and now as one of the said accused was arrested and he was also remanded to judicial custody and as the report of the Investigation Officer which is now placed before this court which is taken on record reveals that an effort is being made to nab the other accused also and as it is also clear from the said report that there is considerable progress in the investigation, this Court is of the considered view that there is no imminent and impending need to order for transfer of investigation to the CID Police as sought for by the petitioner.

8. Therefore, the application is disposed of with a direction to the Investigation Officer to complete the investigation as expeditiously as possible and