SCR.A/486/2008 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CRIMINAL APPLICATION No. 486 of 2008 For Approval and Signature: HONOURABLE MS.JUSTICE H.N.DEVANI ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= A.N. GULIWALA Versus STATE OF GUJARAT & ORS ========================================================= Appearance : MR A.N.GULIWALA PARTY-IN-PERSON for Applicant:1 MR KP RAVAL, ADDL.PUBLIC PROSECUTOR for Respondent:1 None for Respondents:2-5 ========================================================= CORAM : HONOURABLE MS.JUSTICE H.N.DEVANI Date : 18/03/2008 ORAL JUDGMENT 1. Heard Mr.K.P.Raval, learned Additional Public Prosecutor on behalf of respondent No.1-State of Gujarat and Mr.A.N.Guliwala who appears in person. SCR.A/486/2008 2/4 JUDGMENT 2. By this application, the applicant seeks the following substantive reliefs:- “23. a) Your lordship will be pleased to pass an order against opponent No.4 and 5 to provide all information required by opponent no.2 and 3, regarding investigation of F.I.R. no.15/2008, filed at Gaekwad Haveli Police station, Raikhad, Ahmedabad and also co.operate in investigation by tracking and taping the mobile No.09833460891, 09820963671 and 9920650015 of accused by opponent of No.4.. and order to Opponent no.5 to give addresses of owners of I.P. Nos.asked to him and track the e.mails of John Julius operated through : I.D.No.John.Julius_7777@Yahoo.co.in.. b) Lordship will be pleased to order to Opponent No.2. to complete the investigation in prescribed time limited. c) The case may teansfer,to C.B.I. as interstate investigation is there.” 3. It appears that the petitioner herein has lodged a First Information Report being Gaekwad Haveli Police Station C.R.No.15 of 2008 alleging commission of the offences punishable under sections 406, 420 and 114 of the Indian Penal Code against the accused named therein, pursuant to which, initially investigation was carried out by Gaekwad Haveli Police Station and subsequently the same had been handed over to the Crime Branch. According to the petitioner, the respondents No.4 and 5 viz. Fascel Limited and VSNL are not providing necessary information required by the police authorities regarding the owners of the SCR.A/486/2008 3/4 JUDGMENT aforesaid mobile numbers. It is, in these circumstances, that he has filed the present petition praying for the reliefs noted hereinabove. 4. Having considered the averments made in the petition as well as the submissions advanced by the petitioner/party-in-person, for the reasons that follow, this Court is of the view that the petition deserves to be dismissed. 5. Firstly, it is not a case of the petitioner that the police authorities are not carrying out any investigation pursuant to the First Information Report lodged by the petitioner. Besides, it is not the case of the police department that the companies in question are not furnishing the information sought for by them. While investigating into a case, it is for the police authorities to carry out investigation as they may deem fit and proper. It is not the function of this Court to interfere with or monitor the investigation carried out by the police or to assist the police in carrying out investigation in any case. This Court is of the view that the police department is thoroughly equipped to obtain any such information as required from the opponents No.4 and 5. In the circumstances, no case is made out so as to warrant any intervention by this Court. 6. The petition being devoid of merit, is accordingly dismissed. SCR.A/486/2008 4/4 JUDGMENT (H.N.DEVANI, J.) Amit/-