CR.MA/1364/1997 1/2 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION No. 1364 of 1997 For Approval and Signature: HONOURABLE MR.JUSTICE P.B.MAJMUDAR ====================================== 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 ? ====================================== TAKHATSINH HADMATSINH CHAUHAN Versus STATE OF GUJARAT ====================================== Appearance : MRS SHILPA R SHAH for Applicant. MR PRADIP BHATE, APP for Respondent. ====================================== CORAM : HONOURABLE MR.JUSTICE P.B.MAJMUDAR Date : 06/02/2006 ORAL JUDGMENT By filing this application, the applicant has prayed that F.I.R. being C.R. No.II-68/1996 registered before Malpur Police Station of Sabarkantha District may be quashed. CR.MA/1364/1997 2/2 JUDGMENT It is a matter of regret that this matter is pending before this Court since 1997, which is filed for quashing of F.I.R. Complaint in question is filed by one Naranbhai Vaghabhai Bhoi, however, he is not joined as a party-respondent in the present application. As per the allegations made in the complaint, the accused have tried to remove hedge of the complainant situated in agricultural land being Survey No.198/2. It is also alleged in the complaint that by doing so, the applicants were harassing the complainant and gave threats to kill him. It is also alleged that aforesaid hedge was prepared under the police protection. At the stage of police investigation, this application is filed. In my view, the police investigation cannot be intercepted by interfering with the investigation at F.I.R. stage. The complaint is of October, 1996 and it must have met its own fate in view such a long delay. In case the police investigation is over, the applicant can file appropriate proceedings in accordance with law. Considering the allegations made in the complaint, this Court would not like to interfere with police investigation and the defence of the applicant cannot be considered at this stage. Accordingly, in my view, no case is made out for interfering with police investigation and this Court is not expected to make rigorous inquiry to find out the title over the suit property, as ultimately it is for the police to find out the truth at the time of investigating the complaint. Accordingly, this application is rejected. Rule is discharged. Interim relief granted earlier stands vacated. If the investigation is not over, the investigating agency may carry out the investigation forthwith and complete the same without any further delay. (P.B.MAJMUDAR, J.) /malek