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2024 Supreme(Online)(GUJ) 19528
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 10382 of 2021 ==========================================================
NEHA BAMBHANIYA (MINOR) THRO ANITA RAVI BAMBHANIYA Versus STATE OF GUJARAT ==========================================================
Appearance:
MR MONARCH K PANDYA(11437) for the Applicant(s) No. 1 NOTICE SERVED for the Respondent(s) No. 2,3 MR. MANAN MEHTA, APP for the Respondent(s) No. 1 ==========================================================
CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT Date : 10/01/2024
ORAL ORDER
1. The present petition is filed for seeking the following reliefs:
“(A) Your Lordships may be pleased to admit and allow the present Petition;
(B) Your Lordships may be further pleased to transfer the Investigating of the FIR being FIR no. 11186008210898 registered with Una Police Station to any other CID Crime/Independent Investigating Authority/Agency in the interest of justice;”
2. When the matter is called out, learned APP, upon instructions, submits that Summary i.e. Summery Case No.201 of 2022 is filed in the present matter before the before the learned 3rd Addl. District Judge, Una and is pending for consideration, as well as notice is also issued to the complainant.
3. Heard learned advocate Mr. Hriday Buch for Mr. Monarch K. Pandya, learned advocate for the petitioner. He has submitted that considering the fact that earlier, the police authorities has refused to register the complaint though it is requested by the complainant, and subsequently, the complainant has approached the trial court and the trial court, by examining the contents of the complaint, has considered it proper to direct the police authority to register the complaint. Consequently, the complaint is registered being F.I.R. C.R. No.11186008210898 on 27.7.2021 under Sections 354(A)(I) (1), 324, 323, 506(2), 143, 147, 148 & 149 of the Cr.P.C. and Section 8 of the POCSO Act. He has submitted that thereafter, once again the Summary is filed.
4. Considering the fact that the petitioner can raise all the objections before the trial court, and when now notice is issued by the trial court in the proceeding pursuant to the report of Summery Case No.201 of 2022, which is pending before the learned 3rd Addl. District Judge, Una, filed by the Investigation Agency. It is also open for the petitioner to file appropriate petition by contending necessary aspect of the matter including the contentions raised in the present petition before the concerned trial court and the same shall be considered in accordance with law by giving proper opportunity to the respective parties.
5. With above observation, the present petition is disposed of. Notice stands discharged.
6. It is expected that the learned trial court will consider the contentions of the present petitioner in accordance with law and accordingly, decide the proceeding pursuant to the report of aforesaid Summary.
(SANDEEP N. BHATT,J)
DIWAKAR SHUKLA
