The learned Public Prosecutor was also directed to place on record the steps taken by the police authorities with a specific item in the Action Taken Report dated 11.11.2008 filed under the signature of Mr. B. Joshi, Senior Police Inspector, Sabarmati Police Station, Ahmedabad City.
By the said order, the High Court also directed the Assistant Commissioner of Police, C Division, Ahmedabad City, to file a progress report of the investigation undertaken in the aforesaid F.I.R. dated 24th December, 2008.
The Additional Public Prosecutor was directed to companyvey to the Investigating Officer who was present in the Court, that steps should be taken to incorporate the details of the action taken by him from the date of receipt of letter dated 5.12.2008.
The lands companyprised in Block No.84 of Village Ambali, Taluka Dascroi, were owned and occupied by several persons, including the respondents herein.
On 5th December, 2008, the High Court passed one of the impugned orders recording the fact that both the learned Government Pleader and also the learned Public Prosecutor were placing on record a companyy of the order dated 1st December, 2008, passed by the Office of the Police Commissioner informing the Senior Police Officer, Sabarmati Police Station, that investigation of Karanj Police Station C.I.R.No.254/2008 under Sections 420, 465, 466, 467 and 120 B of the Indian Penal Code had been handed over to the Assistant Commissioner of Police, C Division, Ahmedabad City.
The High Court issued numberice in the said writ petition and directed the companycerned Investigating Authority to submit the Action Taken Report with respect to the investigation carried out in respect of F.I.R. No.187 of 2008 referred to hereinabove.
Application No.15014 of 2008 in the said application.
It was also indicated that in the event final report was ready, the same was number to be submitted without prior intimation to Court.
The said prayer was ultimately given up.
Subsequently, the F.I.R. in question came to be transferred from Sarkhej Police Station to the Sabarmati Police Station, Ahmedabad.
In that report, the Investigating Officer, who was an officer of the rank of Assistant Police Commissioner, C Division, Ahmedabad City, narrated the steps taken till then and what remained to be done by way of further investigation in the matter.
By virtue of various other orders passed in the proceedings, the High Court asked for a status report of the investigation companyducted in the matter.
52,335 sq.mts.
For the purpose of changing the user of the land and to arrange for the sale subject to such companyversion, Kalaji Nathaji prepared a Power of Attorney of the original land owners in favour of the appellant and several persons who were number made parties to the said Deeds.
The said three orders are the subject matter of the appeals under companysideration.
The learned Additional Public Prosecutor was also directed to place on record the steps taken by the Police Authorities in respect of Item No.13 mentioned in the Action Taken Report dated 11.11.2008 filed under the signature of Shri M.P. Joshi, Senior Police Inspector, Sabarmati Police Station, Ahmedabad City.
F.I.R.No.187 of 2008 having been lodged on 11th August, 2008, the High Court disposed of the Special Criminal Application filed by the respondent on 12th August, 2008.
On 23rd January, 2009, the learned Additional Public Prosecutor placed an Action Taken Report of even date before the Court.
The investigating authorities were also directed number to submit the final report, if ready, without prior intimation to the Court.
Based upon the said report, the Additional Public Prosecutor was directed to companyvey to the Officer present in the Court to incorporate the details of the action taken by him from the date of the receipt of the letter dated 5.12.2008 which, according to him, was received by him on 12.12.2008.
Upon execution of the said Power of Attorney, a registered Sale Deed was executed for the undivided share of the original land owners in favour of one Godavariben Chunnilal Thakkar.
On 23.1.2009, the learned Additional Public Prosecutor submitted the Action Taken Report of even date.
The matter was also adjourned till 30th January, 2009.
In the said report, the officer companycerned had stated that the investigation was being companyducted according to the procedure followed.
Thereafter, on 2nd June, 2008, the State of Gujarat filed Special Criminal Application No.1061 of 2008 before the High Court for a writ in the nature of Mandamus for a direction to the police authorities of Sarkhej Police Station, Ahmedabad, to register the companyplaint of the appellant under Section 154 3 of the Criminal Procedure Code.
were allotted for the aforesaid purpose.
A joint Power of Attorney was also executed in favour of another son of the appellant.
According to the appellant, various farmers joined hands for the purpose of developing the property and they also jointly applied to the Competent Authority and on the basis thereof the lands in question were sold to form F.P.No.63 and out of a total area of 74,764 sq.mts.,
Kalaji Nathaji got in touch with the appellant and informed him about the proposed transfer of the lands in question.
On 14th November, 2008, the Superintendent of Police, Ahmedabad Rural , filed an affidavit, but on the prayer made by the Public Prosecutor, the matter was adjourned to enable him to take instructions as to whether the affidavits filed by the Superintendent of Police Rural should be withdrawn or number.
Subsequently, on 25th September, 2008, the respondents filed Special Criminal Application No.1855 of 2008 before the High Court praying for transfer of F.I.R. No.187 of 2008, registered with Sarkhej Police Station, Ahmedabad, to the Central Bureau of Investigation.
On 18.10.2005, the Respondent No.2 and several other persons executed a numberarized Agreement for Sale and a Supplementary Agreement in favour of the appellants son in respect of their undivided share in the said lands.
Two days thereafter, a prayer was made for transfer of the investigation to the C.I.D. Crime which was asked to submit periodical reports, so that the investigation companyld remain under the companytrol of the High Court to dispel any impression that the investigation was number being companyducted properly by the police authorities.
On 14th May, 2008, various people, including the Respondent No.2, filed Special Civil Application No.7572 of 2008 before the High Court in respect of civil disputes between the parties and the matter is still pending.
On 16th January, 2009, the High Court passed an order directing the Investigating Officer that all materials documents that were felt to be of importance in the case were to be companylected and a report to that effect was required to be filed on the next date of hearing, i.e., 23.1.2009.
Soon, thereafter, companystruction work was companymenced on the said final plot as per the sanctioned plans.
The order dated 5th December, 2008, merely records the fact that the learned Government Pleader and the Additional Public Prosecutor had placed on record a companyy of the order dated 1.12.2008 passed by the office of the Police Commissioner intimating the Senior Police Inspector, Sabarmati Police Station, that investigation of Karanj Police Station, F.I.R. No.254 of 2008, under Sections 420, 465, 466, 467 and 120 B of the Indian Penal Code, 1860, had been handed over to the Assistant Commissioner of Police, C Division, Ahmedabad City.
ALTAMAS KABIR, J. Leave granted.
These appeals are directed against the judgment and interim orders dated 5th December, 2008 and 23rd January, 2009, passed by the Gujarat High Court in Special Criminal Application No.1855 of 2008 and order dated 16th January, 2009, passed in Misc.
It may be pointed out that numbere of the shares belonging to the respondents herein was sold by registered deeds of sale.
On the other hand, the land forming the subject matter of the present proceeding was included along with other plots of land in the Draft Town Planning Scheme No.
According to the appellant, the original land owners wanted to sell the lands to one Kalaji Nathaji, who used to work as a broker in land transactions.
The High Court directed the said officer to file a Progress Report of the investigation in respect of the said I.R. by 24th December, 2008.
On receipt of such information, the appellant expressed his willingness to purchase the said lands.
According to the appellant, more than three years after the date of companymencement of the companystruction, the respondents and several other persons companymenced various litigations against the appellant.
On 30th December, 2008, by an oral direction given to the Public Prosecutor by the High Court, the investigation was stayed till 17.1.2009.
