In a relief for IAS officer Gaurav Dahiya who is facing bigamy and cheating charges from a Delhi-based woman, the Gujarat High Court on Thursday held that the Gandhinagar Police cannot probe the allegations as the complaint was filed in Delhi’s jurisdiction.
Dahiya, a Gujarat-cadre officer, had moved the court seeking to stop the Gandhinagar Police from probing the case.
Allowing the petition, Justice SH Vora said the Gandhinagar Police cannot conduct investigations as the case was already being handled by the Delhi Police and they can only call Dahiya with respect to the two complaints filed by him in Gandhinagar.
Public prosecutor, senior advocate Mitesh Amin, said that Dahiya had filed two complaints following the woman’s complaint in Delhi. Representing the state and the Gandhinagar Sector 7 police station, the public prosecutor said, “Unless required, Gandhinagar may not investigate with respect to the forwarded Delhi complaint.” The case was thereby disposed of with the court’s direction.
Dahiya, who was present in the courtroom, had submitted at an earlier hearing that the woman had registered case with the ACP (Crime Against Women Cell, New Delhi) and all cause of action was in New Delhi. The woman’s complaint in New Delhi was forwarded to the Gujarat Chief Minister’s office who then forwarded the same to the Gandhinagar Sector 7 Police, based on which the Gandhinagar Police summoned him on July 31.
The complainant who was present in the courtroom with her eight-month-old child, represented by advocate Pritesh Khambolja, said that despite the complaint, she has not been added as a respondent party to Dahiya’s petition. However, the court of Justice SH Vora made it clear that it is not necessary as the petition contests the issue of proceedings’ jurisdiction.
Advocate Khambolja argued, “If such is the case, I’ll withdraw my complaint from New Delhi since the offence committed by the IAS officer was done while he was in Gandhinagar (referring to exchange of messages between complainant and Dahiya). Thus Gandhinagar police should investigate it.”
Dahiya, a 2010-batch IAS officer, was suspended by the Gujarat government on August 14 for “moral turpitude”. Chief Minister Vijay Rupani had set up an inquiry committee last month to probe the woman’s allegation. Based on the findings of the committee, Dahiya was put under suspension by the state government.
The woman has alleged that he married her in February 2018 keeping her in the dark about his first marriage. Dahiya was father of her baby daughter, the woman claimed.