IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 8790 of 2021 ==========================================================

ISHVARJI NAGAJI MALI Versus STATE OF GUJARAT & ORS.

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Appearance:

MR HRIDAY BUCH(2372) for the Applicant(s) No. 1 NOTICE NOT RECD BACK for the Respondent(s) No. 3 NOTICE SERVED for the Respondent(s) No. 2 MR SOHAM JOSHI, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI Date : 24/04/2025

ORAL ORDER

1. By way of this petition under Article 226 of the Constitution of India read with section 482 of Cr.P.C., the petitioner has prayed for following relief :-

"A) Your Lordships may be pleased to admit and allow the present Application and further be pleased to issue appropriate directions for further investigation of the offence registered with Bhiladi Police Station, Dist. Banaskantha, being F.I.R. No. 11195008201056 of 2020, by the Higher Investigating Agency of the State in the interest of justice;

(B) Your Lordships may be pleased to quash and set aside the Order dated 30.06.2021 (ANNEXURE A Colly.) passed by the Ld. Judicial Magistrate (First Class), Tal. Lakhni, Dist. Banaskantha at Exhibit 6 in Criminal Case No. 244 of 2021;

(C) Your Lordships may be pleased to pass such other and further relief as may be deemed fit, just and proper, in the facts and circumstances of the case."

2. Facts of the case are as under :-

2.1. On 05.10.2020, the Accused No. 1 had purchased a car and obtained a loan in the name of the deceased wife-Dakshaben from the HDFC Bank to the tune of Rs. 14,50,000/-. Thereafter on 29.09.2020 LIC life insurance policy to the tune of Rs. 60,00,000/-was also obtained in the name of Dakshaben. Wherein Lalitkumar is shown as a nominee. On 26.12.2020, the present Petitioner's daughter Dakshaben Ishvarji Mali (deceased) and her husband le accused No. I were walking to "Gela Hanumanji Tample" situated near Tal Lakhni, Dist. Banaskantha. Where, as per the first information, a car had hit the deceased and ran away coincidently the Original Complainant who is a relative of the Accused No. 1, was passing to the place of incident. Where he saw the deceased and the Accused No. 1. The complainant stopped there and upon inquiring about the incident, the Accused No. 1 informed him about the accident An ambulance was called and Dakshaben was taken to the hospital where she was declared dead. Later on, this entire version was found false. It was revealed that the entire incident of pre-planned muน่ือง was being given a colour of an accident and the Accused No. 1-husband and other two accused persons including a car driver had hatched the conspiracy the kill the deceased. On 05.02.2021 an offence addition report was submitted and Sections 302, 120(B) and 114 came to be added On 06.04.2021, the petitioner made an oral as well as detailed written representation to the concerned authorities since he was unsatisfied with the manner in which the investigation was carried out. On 03.05.2021, the Investigating Officer has filed halthearted chargesheet before the concerned Court, naming Lalitkumar Ganpatji Tank, Maheshbhai Viraji Mali (driver) and Kirtikumar Kanaji Mali as accused persons. The Petitioner being the father of the deceased, preferred an application before the Ld. J.M.F.C Tal. Lakhni, Dist. Banaskantha. under Section 173(8) of the Code seeking further investigation by the higher investigating agency of the State. The same came to rejected vide Order dated 30.06.2021. Hence, present petition.

3. Heard learned advocate Mr.Jeet Patel for the petitioner. He would submit that the petitioner is essentially challenging the order passed below Exh.6, whereby application filed by the de- facto complainant under section 173(8) for handing over investigation to CID and Narco / Brainmaping test of the accused has been rejected by the learned Trial Court.