ORAL ORDER

1. By way of filing this application under Article 226 of the Constitution of India, the petitioner seeks writ of mandamus to direct transfer of investigation in Crime Register No.I-14/2017 registered with Poshina Police Station for the offences punishable under Sections 302 and 114 of the Indian Penal Code to independent investigating agency, viz. CID Crime under the supervision of the higher police ofÏcer of the State.

2. Heard Mr.Jigar Gadhvi, learned counsel for the petitioner and Mr.Hardik Soni, learned APP for the respondent-State.

3. The petitioner is the brother of the deceased by name Gamar Nanabhai Jagabhai. The petitioner has lodged an FIR with the police of Poshina Police Station stating that on 16.11.2016 that the deceased was physically attacked by five persons viz. Harbubhai Mehabhai Gamar, Punabhai Sayabhai Gamar, Somabhai Jorabhai Gamar, Sharvanbhai Jovnabhai Gamar and Gujrabhai Sayabhai Gamar, and that he sustained injuries in the said physical attack and died, but the Police Inspector of Poshina Police Station did not register an FIR on the basis of the said report. Therefore, it is stated that the petitioner has sent a written representation to the SHO and to other higher police ofÏcials for registration of FIR but there is no response from any of them and no FIR was registered, as sought for. Therefore, the petitioner has approached this Court by way of filing Special Criminal Application No.2971 of 2017. This Court has vide order dated 2.5.2017 directed to register FIR, if cognizable offences is made out from the allegations set out in the FIR. Pursuant to the said order, FIR was registered by the police on 28.5.2017 in Crime Register No.I-14/2017 for the offences punishable under Sections 302 and 114 of IPC.

4. It is stated that the investigation ofÏcer did not conduct any investigation after registration of said FIR. So the petitioner has sent representation to the concerned Police Sub- Inspector and to the District Superintendent of Police requesting to order for independent, fair and prompt investigation, but there is no response. It is stated by the petitioner that all the accused are highly influential persons in the society and as such fair investigation is not being conducted by the investigation ofÏcer concerned. Therefore, the petitioner prayed to transfer the investigation to the CID Crime Branch, which is an independent investigating agency, to conduct fair and prompt investigation in the matter. As the crime relates to a serious offence of murder punishable under Sections 302 and 114 of IPC, the said request for transfer of investigation to CID Crime Brnach is made.

5. During the pendency of this application, which was filed long back in the year 2017, certain events have taken place which are required to be noticed, while disposing of this application.

6. The investigation has been completed by the investigation ofÏcer and he has filed “C” Summary before the trial Court stating that the investigation revealed that the deceased died due to snake bite and stating that even though the statement of the eye witness viz. Somiben Babubhai Gamar was recorded, that her statement is inconsistent with other evidence. The learned Magistrate has accepted said “C” Summary report. The petitioner has challenged the legal validity of the “C” Summary report before the Sessions Court by way of preferring a revision against the said order of the Magistrate accepting the said “C” Summary report. The revisional Court by its order dated 9.7.2019 passed in Criminal Revision Application No.23 of 2018 has allowed revision and held that investigation is not properly conducted and that it requires further investigation. However, it is held by learned Judge that as this application is pending before this Court, that the learned Magistrate has to take a decision to order for further investigation after disposal of this application.

7. As this application is pending before this Court, learned Magistrate did not pass