The right to a fair trial is upheld when investigations are conducted properly, and late grievances regarding bias do not warrant reinvestigation.

ORAL ORDER

1. This petition is filed for the following prayers:

“9A. To issue a writ of or in the nature of mandamus or any other appropriate writ, order or direction directing any independent agency to reinvestigate the offence registered vide F.I.R. dated 01.05.2024 being CR No. 11196030240344 of 2024 registered with the Sayajiganj Police Station, Vadodara City for it to be carried out by any high rank officer not below the rank of D.S.P., in the interest of justice;

B. May be pleased to grant such other and further relief/s, as are deemed fit, in the interest of justice.”

2. Heard learned advocate Mr. Dipesh Soni at length. He has drawn attention to various documents annexed with the present petition and also has drawn attention of this court to the punchnama as well as the statement recorded of one constable Dharmendrasinh Natwarsinh and has submitted that investigation is carried out in such a manner which jeopardised the right of the present petitioner and he has also submitted that the right of this fair trial as guaranteed by the provisions of law as well as under the Constitution is violated. He has further submitted that the CCTV footage has not been brought on record during the investigation which shows ill motive behind the entire prosecution. He has further submitted that the bias investigation is carried out, as investigation is carried out by the officers of the same police station i.e. Sayajiganj Police Station, where the accused persons were also working as officers and therefore he prays to allow this petition.

3.1 Learned APP, Mr. Manan Mehta has tendered a detailed report which is prepared by the Police Inspector, Sayajiganj Police Station dated 22.09.2024 and has submitted the relevant aspects of the investigation. He has drawn the attention of this court towards the fact that the investigation is carried out in proper manner. Further, looking to the details of the report, it transpires that the CCTV footage is not available, however, the material is collected from the eye witness, who has seen the accident and has recorded the said incident in the mobile phone. The CD is also prepared with a certificate under section 65(B) of the Information and Technology Act and after drawing punchnama, the same is taken on record as the material of the investigation. The necessary punchnamas are also drawn and necessary material is sent for examination to the FSL. He has further submitted that now the Criminal Case is also registered and during the course of trial, remand of the accused is also taken. Thereafter, since the victim has died during the course of investigation, Section 302 of the IPC is also added and bail is not granted to the accused persons and all the accused persons are behind the bar till today.

3.2. Mr. Mehta, learned APP has submitted that the investigation is carried out with all sincerity; and that the necessary permission from the higher authority, before filing of the charge-sheet, was obtained; and that the authority have scrutinized the material available with the prosecution before filing of the charge-sheet. He has further submitted that the appointment of Special Public Prosecutor is also made on the request made by the present petitioner and therefore, on one hand, all the demands of the petitioner are satisfied and investigation is carried out in appropriate manner. He has submitted that now the petitioner is raising such grievance at such a belated stage, which is required to be rejected.

3.3 He has further submitted that now trial is committed, charge-sheet is filed and Sessions Case No.134 of 2024 is pending before the Sessions Court at Vadodara and is riped for further proceedings. Therefore he has submitted that looking to the entire chain of events and also considering the conduct of the petitioner that he has never made any grievance about the process of investigation and now such unnecessary hue and cry is made by the present petitioner who happens to be the brother of the deceased – or