Rajasthan High Court - Jodhpur
Sanjiv R. Bhatt vs State on 26 August, 2020
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 997/2020
Sanjiv R. Bhatt S/o Sh. Rajendra Bhatt, Aged About 57 Years, R/o
Bungalow No. 2, Sushil Nagar Society, Part-Ii, Drive-In Road,
Opposite Gandhi Loabour Institute, Ahmedabad (Gujarat). (Presently
Lodged At District Jail, Palanpur , Gujarat).
----Petitioner
Versus
1. State, Through Pp.
2. The State Of Gujarat, Through Its Secretary,
Department Of Home, Sachivalaya, Government Of
Gujarat, Gandhi Nagar (Gujarat).
----Respondents
For Petitioner(s) : Mr. V.R. Bajwa through VC
Mr. Vineet Jain Assisted by Mr. Pravin
Vyas
For Respondent(s) : Mr. Sudhir Tak, P.P.
Mr. Kuldeep Mathur for respondent no.2
Mr. Mukesh Rajpurohit]
Mr. Dhirendra Singh ] for newly added
respondent Sumer Singh Rajpurohit
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
Order Reserved on : 21/08/2020
Date of pronouncement: 26/08/2020
The present Misc. Petition has been filed under Section 482
Cr.P.C. R/w Section 186 Cr.P.C. by the petitioner seeking
discontinuation of the proceedings pending before the learned
Special Court (NDPS) & Fourth Additional Sessions Judge,
Palanpur, District Banaskantha Gujarat, in Special NDPS Case
No.3/2018, State of Gujarat Vs. Indravadan Balkrishan Vyas &
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Ors. arising out of F.I.R. No.216/1996, PS Palanpur City, District
Banaskantha, Gujarat, for offences punishable under Sections
116 R/w 120B of IPC, in the alternative Section 115 R/w 34 IPC,
Sections 167, 204, 343, 465, 471 of IPC, in the alternative Section
R/w 120B/34/109 IPC, Section 17 of the NDPS Act, in alternative
Section 18 of the NDPS Act as well as Sections 21, 27A, 29, 58(1)
& 58(2) of the NDPS Act.
The chequered history of the present case is that on
30.04.1996, an anonymous call was received at Police Control
Room, Palanpur to the effect that one Sumer Singh Rajpurohit,
who was allegedly indulged in the business of opium, was staying
at Hotel Lajwanti, Palanpur with 5 kgs. of opium in his possession.
The said opium was to be delivered at Palanpur. The information
was forwarded to Shri Indravadan Balkrishan Vyas, Police
Inspector. In pursuance of the said information, the police
personnel of Palanpur conducted a raid at Hotel Lajwanti and
recovered opium weighing 1.15 kgs. from Room No.305 of the
said hotel. In the inquiries, it was revealed that the said Room
No.305 was booked in the name of Sumer Singh Rajpurohit,
resident of Pali, Rajasthan. When the raid was conducted, no one
was found in the room. After doing the needful, an F.I.R.
No.216/1996 dated 30.04.1996 was registered at PS Palanpur City
and thereafter the investigation commenced.
During the investigation, in the intervening night of
02.05.1996 and 03.05.1996, the Police arrested Sumer Singh
Rajpurohit from Pali, Rajasthan. Subsequently, he was taken to
Palanpur by the Police and was produced in the concerned Court
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on 04.05.1996. The concerned Court sent Sumer Singh Rajpurohit
on remand for six days i.e. till 10.05.1996. On 06.05.1996 a test
identification parade was organized before the Executive
Magistrate at the hands of Shantilal, owner of Hotel Lajwanti and
Manu Bhai, employee of Hotel Lajwanti. Both these witnesses
never identified Sumer Singh Rajpurohit. After conducting the test
identification parade, the Police reached to the conclusion that no
offence was committed by the accused Sumer Singh Rajpurohit
and on the same day i.e. 06.05.1996, the Police filed a report
under Section 169 of Cr.P.C. before the Special Judge, NDPS
Cases, Palanpur for the release of the accused Sumer Singh
Rajpurohit. On the other hand, accused Sumer Singh
Rajpurohit also filed a bail application before the concerned Court
and on 08.05.1996 the concerned Court released the accused
Sumer Singh Rajpurohit on bail. On 09.05.1996, an application
was filed by I.B. Vyas, Police Inspector before the concerned Court
for addition of offence under Section 58(2) of NDPS Act against
unknown persons. The concerned Court accepted the report
submitted by the Police under Section 169 Cr.P.C. and discharged
Sumer Singh Rajpurohit of all the offences on 14.05.1996.
After a long investigation in the F.I.R., the Police submitted
summary report "A" on 27.02.2000, in which it was mentioned
that the person who planted the contraband in room No.305 of
Hotel Lajwanti could not be traced.
Aggrieved of his false implication, Shri Sumer Singh
Rajpurohit filed a criminal complaint before the Chief Judicial
Magistrate, Pali, Rajasthan on 17.10.1996 against nine accused
persons including 7-8 unknown police personnel of Gujarat for
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offences punishable under Sections 120B, 195, 196, 342, 347,
357, 368, 388, 458, 482 IPC and Sections 17, 58(1), 58(2) of the
NDPS Act. In the said complaint, it was alleged by Shri Sumer
Singh Rajpurohit that one Phootar Mal, resident of Bijapur, Pali
happened to be the uncle of one Shri R.R. Jain, who was the then
Judge of Gujarat High Court. Shri R.R. Jain's sister Mooli Devi was
engaged to one Jawant Raj, but before the marriage could be
solemnized, she expired. In the aforesaid situation, Phootar Mal's
daughter Amri Bai got married to Jawant Raj and as per the local
custom, she came to be treated as sister by Shri R.R. Jain. It was
also alleged in the complaint that one Shop No.6, at Vardhman
Market, Pali was owned by Amri Bai, daughter of Phootar Mal and
sister of Justice R.R. Jain, however, Phootar Mal had the Power Of
Attorney. It was further alleged that one Narsingh (brother of
Sumer Singh) and Mohan Lal were partners and carried out their
joint business in the said shop which was taken on rent under the
tenancy of Mohan Lal, from Phootar Mal, Power of Attorney of
Amri Bai. Shri Sumer Singh Rajpurohit also had an office in the
said Shop. A dispute with regard to the eviction of the tenant from
the shop was going on and a civil suit in this regard had also been
filed by Phootar Mal. It was also alleged in the complaint, that a
conspiracy was hatched to register a false case against Shri Sumer
Singh Rajpurohit, so as to get the shop vacated under duress. In
pursuance of the aforesaid conspiracy to falsely implicate Shri
Sumer Singh Rajpurohit, an F.I.R. No.216/1996 was registered at
PS Palanpur, District Banaskantha, Gujarat in which Shri Sumer
Singh Rajpurohit was arrested from his house at Pali. A false case
of the NDPS Act was also cooked up in relation to the dispute in
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respect of the shop which was to be resolved by putting undue
pressure upon Shri Sumer Singh Rajpurohit. Subsequently, after
negotiating, a consensus was reached at, leading to the execution
of an agreement on 05.05.1996 between Phootar Mal and Mohan
Lal (Original Tenant) to vacate the shop. It was further alleged in
the complaint that the keys of the shop were to be handed over to
Phootar Mal, after Shri Sumer Singh Rajpurohit was discharged
from NDPS case at Palanpur. In such circumstances, a report
under Section 169 Cr.P.C. was filed by the Police, PS Palanpur
before the concerned Court on 06.05.1996 and eventually Shri
Sumer Singh Rajpurhoit was discharged by the NDPS Court at
Palanpur on 14.05.1996. In the complaint, it has been also alleged
that the keys of the shop were handed over to Phootar Mal on
15.05.1996.
The said complaint under Section 156(3) of Cr.P.C. was sent
for investigation by learned CJM, Pali, upon which the Police
registered an F.I.R. No.403/1996 dated 18.11.1996 at PS Kotwali,
Pali. After due investigation of the F.I.R., the Police filed
chargesheet against Phootar Mal on 06.12.1996 before the Court
of Special Judge, NDPS Act Cases, Jodhpur, however, further
investigation was pending in respect of other accused persons
under Section 173(8) of Cr.P.C. The Special Court, NDPS Act
Cases, Jodhpur on the same day i.e. 01.03.1997 took cognizance
against Phootar Mal. In pursuance of further investigation, the
Police, PS Kotwali, Pali concluded the investigation and filed a
charge-sheet against as many as 20 accused persons including the
present petitioner Shri Sanjiv R. Bhatt for the offences under
Sections 114, 120B, 218, 323, 342, 348, 357, 365, 368, 388, 452,
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482, 201 of IPC and Sections 9, 17, 18, 29, 58(1), 58(2) R/w
Section 37 of the NDPS Act but the said charge-sheet was
submitted on 13.03.2000.
In the meanwhile, Phootar Mal approached the Hon'ble
Supreme Court for transfer of the said case arising out of F.I.R.
No.403/1996 registered at PS Kotwali, Pali and the case pending
in the Court of Special Judge, NDPS Act Case, Jodhpur in Session
Case No. 19/1997. The Hon'ble Supreme Court transferred the
aforesaid case on 03.11.1998 in respect of accused Phootar Mal to
the Court of Patiala House, New Delhi. Later on, Phootar Mal
expired and criminal proceedings pending against him were
abated vide order dated 02.09.2006. It is relevant to note that
only in respect of Phootar Mal, the case was transferred to Special
Court, NDPS Act Cases, Patiala House, New Delhi and upon his
death, the criminal proceedings pending only against him abated,
whereas, in respect of other accused-persons, the case was still
pending before the Court of Special Judge, NDPS Act Cases,
Jodhpur.
The F.I.R. No.403/1996, PS Kotwali, Pali was challenged by
way of Criminal Misc. Petition before this Court, one by the State
of Gujarat, which was registered as SB Cr. Misc. Petition
No.108/1999 and another by Shri R.R. Jain in SB Cr. Misc. Petition
No.164/1999. Both these Misc. Petitions were dismissed by this
Court vide order dated 05.04.2000. Against the said order of
dismissal dated 05.04.2000, a Special Leave Petition was
presented by co-accused Shri R.R. Jain, bearing SLP (Crl)
No.1327/2000. In that SLP, the Hon'ble Supreme Court stayed
further proceedings in F.I.R. No.403/1996, PS Kotwali, Pali vide
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order dated 01.05.2000. Similar SLP was also filed by the State of
Gujarat against the order dated 05.04.2000, bearing SLP (Crl)
No.1931/2000, in which the proceedings too were ordered to be
stayed. The SLP, which was preferred by the State of Gujarat, was
with regard to its police officials only. The State of Gujarat
withdrew the SLP preferred by it on 5.12.2018. The other SLP was
also withdrawn by Shri R.R. Jain. After the withdrawal of both the
SLPs from the Hon'ble Supreme Court, the case pending before
learned Special Judge, NDPS Act Cases, Jodhpur continued.
A Special Criminal Application bearing No.1302/1997 was
filed before Gujarat High Court by I.B. Vyas seeking transfer of
criminal proceedings relating to F.I.R. No.403/1996, PS Kotwali,
Pali to Gujarat and praying for them to be conducted with those
proceedings relating to F.I.R. No.216/1996, PS Palanpur City.
Similarly, another Special Criminal Application case bearing
No.1309/1997 was also preferred for the same relief before the
Gujarat High Court. Both these criminal applications were decided
by a common order dated 04.12.1997 by the Gujarat High Court
and the Pali Police was directed to complete the investigation as
expeditiously as possible by 15.01.1998. It was also observed that
no cognizance of any offence was taken by the Court at Palanpur.
In such circumstances, the application under Section 186 of Cr.P.C.
was misconceived. It was also mentioned that Shri I.B. Vyas and
Shri R.R. Jain filed a Special Criminal Application before the
Gujarat High Court way back in the year 1998 and 1999 bearing
case No.680/1999 and 1079/1998 respectively, in which they
prayed for the transfer of investigation in relation to F.I.R.
No.216/1996, PS Palanpur and investigation of F.I.R.
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No.403/1998, PS Kotwali, Pali to CBI. Both these matters were
ultimately decided by the Gujarat High Court on 03.04.2018 with
the observation that the investigation of F.I.R. No.216/1996,
registered at PS Palanpur be conducted by a Special Investigation
Team, constituted out of CID (Crime), State of Gujarat and that
the investigation would be carried out within a period of three
months. After due and thorough investigation, the Police filed a
challan against the present petitioner Sanjiv R. Bhatt and Shri I.B.
Vyas on 02.11.2018. In the charge-sheet, it was mentioned that
one of the accused Mala Bhai Rebari was also involved in the crime
but died on 20.02.2018, therefore, the criminal proceedings
against him stood abated. Thereafter, the cognizance was taken
against the petitioner as well as Shri I.B. Vyas on 02.11.2018.
Charges of the said case were also framed against both the
accused on 18.09.2019. The present Misc. Petition has been filed
by the petitioner with the averment that, for the same offence, the
petitioner cannot be prosecuted and be punished at Palanpur and
also at Jodhpur. Therefore, the criminal proceedings pending
against the petitioner before the Court of Special Judge, NDPS Act
Cases, Palanpur, District Banaskantha, Gujarat may be stayed.
Shri Vivek Raj Singh Bajwa, counsel for the petitioner
vehemently argued that after the perusal of Section 186 of Cr.P.C.,
it is brought out that it is in respect of the same offence arising
out of the same occurrence and the same transaction against the
same accused. So, the case pending at Special Court (NDPS) cum
Fourth Additional Sessions Judge, Palanpur, District Banaskantha
Gujarat is an abuse of the process of Court and therefore, the
case at Palanpur should not be continued. He also submitted that
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the cognizance has been taken of the same offences by two
different courts. This is a clear case of harassment of the accused
to appear and face trial in more than one court. He further
submitted that, first the cognizance was taken against the accused
Phootar Mal on 01.03.1997 at Special Court, NDPS Act Cases,
Jodhpur and subsequently, a charge-sheet was filed before the
Judge, Special Court, NDPS Act Cases, Jodhpur against the
petitioner, thereafter, a cognizance was also taken against the
present petitioner on 13.03.2000. Later on when the subsequent
charge-sheet was filed against the petitioner before Special Court,
NDPS Act Cases, First Class, Palanpur on 02.11.2018 and the
cognizance was taken against the petitioner at Palanpur, it was
brought out that the subsequent cognizance at Palanpur Court
may be stayed. He further submitted that the basic foundation of
the case at hand is to the effect that Sumer Singh Rajpurohit was
allegedly and falsely implicated in a NDPS case for the purpose of
eviction from a shop which was occupied by him and his brother
Mohan Lal which belongs to Phootar Mal's daughter Amari Bai and
sister of R.R. Jain. It is alleged that the accused persons including
police persons and the petitioner conspired and falsely implicated
Sumer Singh Rajpurohit and planted opium at Hotel Lajwanti in
Room No.305 at Palanpur, Gujarat. So, the basic foundation of
these two criminal cases is one and the same, therefore, Section
186 of Cr.P.C. is very much attracted in the present case. In
support of his contentions, the counsel for the petitioner relied
upon the Judgments of the Hon'ble Supreme Court in the case of
State of Rajasthan Vs. Bhagwan Das Agrawal & Ors.
[(2013) 16 SCC 574], the judgment of the Madhya Pradesh High
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Court in the case of State of Madhya Pradesh Vs.
Bahadursingh Uttamsingh & Ors. [1984 MPLJ 229,
Judgment of Allahbad High Court in the case of Miss. Meera
Gupta & Anr. Vs. Kanchan Gupta & Anr. [1990 All LJ 662] ,
and the Judgment of Calcutta High Court in the case of Supriyo
Sarkar Vs. Sunil Ranjan Sarkar [AIR 1970 CALCUTTA 81].
Per contra, learned Public Prosecutor and Mr. Kuldeep
Mathur, counsel for respondent No.2 vehemently argued that first
complaint arose at Palanpur, Gujarat and the case was first
initiated at Palanpur, Gujarat where Shri Sumer Singh Rajpurohit
was falsely implicated by the Police persons including the present
petitioner. He submitted that a similar application was filed by the
petitioner being a Revision Application No.1650/2019 before the
Gujarat High Court in which the Gujarat High Court on 21.05.2020
decided and clearly mentioned that offence registered as CR
No.216/1996 at Palanpur City Police Station (present offence) is
the real offence and only that offence can be investigated. The
revision petition challenging the order framing charge was
dismissed. He further submitted that in the judgement passed by
Gujarat High Court in Criminal Application No.680/1999 and
Criminal Application No.1079/1998, decision was delivered on
03.04.2018 in which the Gujarat High Court observed that an
application under Section 186 of Cr.P.C. was considered by a
detailed judgment and order dated 04.12.1997. Thus, the
petitioner wants to just delay the matter and linger on the
proceedings for one or the other reason. Counsel further
submitted that a Recalling Application was filed by the petitioner
bearing Recalling Application No.1/2020 in Criminal Application
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No.680/1999 which was dismissed on 17.01.2020 in which it was
observed that the case first commenced at Palanpur, Gujarat,
therefore, the argument of the counsel for the petitioner that the
proceedings at Palanpur, Gujarat should be stayed is baseless and
has no grounds and the Criminal Misc. Petition filed by the
petitioner deserves to be dismissed. Counsel relied upon the
Judgment of Hon'ble Supreme Court in the case of Kamlapati
Trivedi Vs. State of West Bengal [(1980) 2 SCC 91], Abdul
Rehman & Ors. Vs. K.M. Anees-Ul-Haq [(2011) 10 SCC
696].
Shri Dhirendra Singh and Shri Mukesh Rajpurohit, counsels
for newly added respondent Sumer Singh Rajpurohit submitted
that the proceedings were first initiated at Palanpur, Gujarat and
thereafter, Shri Sumer Singh Rajpurohit filed a complaint
mentioning facts about his false implication as he never visited
Palanpur, Gujarat and never stayed at Hotel Lajwanti. It was
specifically stated by Sumer Singh Rajpurohit that he was falsely
implicated by the present petitioner and other police persons to
get the shop vacated which is situated at Pali. So, the two distinct
offences clearly arise out of both the complaints. One complaint
which was lodged at Palanpur was with regards to the conspiracy
and the offence relating to the NDPS Act, whereas the complaint
filed by Sumer Singh Rajpurohit at Pali is clearly with regard to his
false implication in a NDPS case arising out of a property dispute,
therefore, the Police added the offence under the Sections of the
NDPS Act, so these offences relate to two different and distinct
complaints in this case, therefore, the proceedings in relation to
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the complaint filed at Palanpur and proceedings pending before
the Special Judge, NDPS Cases, Jodhpur should be continued. It
was further argued that the petitioner had already approached the
Hon'ble Gujarat High Court 2-3 times seeking similar relief and all
such applications were dismissed by Gujarat High Court, which is
why the present petitioner has now resorted to file the present
Criminal Misc. Petition seeking the same relief before this Court,
therefore, the same is nothing but an abuse of the process of
court and deserves to be dismissed. Counsel relied upon the
Judgment of Hon'ble Supreme Court in the case of Abhinandan
Jha Vs. Dinesh [AIR 1968 SC 117].
Heard the learned counsel for the parties and perused the
material available on record as also the case laws cited before me.
At the outset, it would be worthwhile to refer to Section 186
of Cr.P.C. which is reproduced hereunder :
"186. High Court to decide, in case of doubt, district
where inquiry or trial shall take place. Where two or
more Courts have taken cognizance of the same
offence and a question arises as to which of them
ought to inquire into or try that offence, the question
shall be decided-
(a) if the Courts are subordinate to the same High
Court, by that High Court;
(b) if the Courts are not subordinate to the same High
Court, by the High Court within the local limits of
whose appellate criminal jurisdiction the proceedings
were first commenced and thereupon all other
proceedings in respect of that offence shall be
discontinued."
From the above provisions it would follow that it enables the
High Court to decide the question in case of doubt as to which of
the two different Courts having taken cognizance of the same
offence should inquire or try. The provision is to avoid possible
confusion and embarrassment of the two or more Courts. The first
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requirement to attract the provision is that two different Courts
have taken cognizance of the same offence. In case, where one
Court has taken cognizance and for the same offence the
investigation is pending within the local jurisdiction of different
Courts, the provisions of Section 186 cannot be invoked. The
second sub-clause (b) provides as to which Court will take a
decision with respect to such a doubt. In case both the Courts are
subordinate to the same High Court, under Clause (a), the
decision shall be taken by the same Court. But, in a case where
the two different Courts are the Courts subordinate to different
High Courts, under Clause (b), the decision shall be taken by the
High Court within the local limits of whose appellate criminal
jurisdiction the proceedings first commenced. This provision
incorporates a principle of earlier commencement of proceedings
to avoid possible confusion and embarrassment.
Now I shall mention the cases filed by the petitioner or
the co-accused from time to time at different Courts.
Co-accused I.B. Vyas had filed a Criminal Misc.
Application bearing No.1302/1997 before the Hon'ble Gujarat
High Court with the relief to transfer the criminal proceedings of
F.I.R. Case No.403/1996 from Pali, Kotwali Police Station for
investigation and trial with C.R. No.216/1996 at Palanpur in the
interest of justice. Hon'ble Gujarat High Court decided on
04.12.97 while deciding the said application dealt with Section
186 of Cr.P.C. and observed as under :
"16. The provision of Section 186 does not confer
any right on any party. As I have said, this provision
enables the High Court to decide the question out of
which two different Courts, the enquiry or trial should
proceed. It is significant to notice that the provision
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provides the consequence of the decision that
"thereupon all other proceedings in respect of that
offence shall be discontinued". Thus, under Section
186, a decision is to be taken on the question which
Court will proceed with the enquiry or trial and not the
reverse that which Court will not proceed with the
enquiry or trial. The consequence of the decision is
discontinuance of the proceedings in the different Court
or Courts by implication. This is based on the inherent
concept of Courts having jurisdiction over a specific
territory is essential for the very maintenance of comity
of Courts. Section 186 does not empower a High Court
to withdraw or issue any direction with respect to an
investigation pending in the local criminal jurisdiction of
other High Court, may be for the same offence. It also
does not empower one High Court to decide the
competence of any other Court subordinate to other
High Courts with respect to the same offence. Section
186 only enables the High Court to remove the doubt in
the contingency provided therein by the High Court as
provided under Sub-section (a) or (b) and as a
consequence, proceedings are to be followed as
provided under Section 186 without any direction to
different Court or Courts more particularly in a case of
such Courts which are not Subordinate to that High
Court.
17. Thus in the instant case, this Court lacks
jurisdiction to give any direction with respect to
withdrawal of investigation in F.I.R. Case No. 403 of
1996 with the Rajasthan Police or to withdraw the case
from the Court of Special Judge, Jodhpur with respect
to the same offence. What is required to be done by
this Court is to see as to whether any Court in the
State of Gujarart has taken cognizance of the same
offence, i.e., offence in F.I.R. Case 403 of 1996 and
C.R. No. 216 of 1996 and further if any enquiry or trial
is pending in that Court and further that the
proceedings of that case has commenced prior to the
proceedings in any Court in the State of Rajasthan.
There is not a word in either of the two petitions with
respect to taking of cognizance by any Court and
pendency of enquiry or trial in any Court with respect
to the same offence in the State of Gujarat. On the
contrary, the specific case of the petitioner in both the
petitions is that the investigation with respect to
offence under Section 58(2) of the N.D.P.S. Act is in
progress. It is not the case that a police report has
been filed and an enquiry or trial is pending in any
Court and it is only the further investigation under
Section 173(8) of the Code is with the police. Thus, the
provisions of Section 186 cannot be attracted in the
present case."
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Thus, the Hon'ble Gujarat High Court reached the
conclusion that the provisions of Section 186 of Cr.P.C.
were not applicable as sought by co-accused I.B. Vyas.
Similarly, two Criminal Applications No.1079/1998
and No.680/1999 came to be filed by co-accused R.R. Jain
and I.B. Vyas respectively with the following reliefs :
"(A) The Hon'ble Court be pleased to direct the
State of Gujarat to handover the investigation of
prohibition C.R.No.216/96 pending before the Palanpur
Police to C.B.I.
(B) The Hon'ble Court be pleased to issue a writ of
mandamus or writ in nature of mandamus or writ of
prohibition or writ in nature of prohibition or writ of
certiorari or writ in nature of certiorari or any other
appropriate writ or direction or order directing to quash
and set aside the distinction of civil and criminal matters
under Article 226 of Constitution of India made in the
Gujarat High Court Rules 1993 in part I Chapter I and
be pleased to further declare that it being an extra-
ordinary Constitutional remedy, there is no distinction of
civil or criminal matter under Article 226 of Constitution
of India and that it be further declared that further
appeal is available to parties irrespective of such
distinction under clause 15 of the Letters Patent.
(C) The Hon'ble Court be pleased to issue appropriate
writ or direction directing reinvestigation of the F.I.R.
registered at Kotwali Police Station, Pali bearing C.R.
No.403/96 by Central Bureau of Investigation (C.B.I.) or
by an officer not below the rank of Director General of
Police of the State of Rajasthan.
(D) Pending disposal and final hearing of this petition all
further proceedings in connection with C.R. No.216/96
of Palanpur and C.R. No.403/96 of Pali Kotwali Police
Station at Pali Rajasthan be stayed.
(E) Such other order which is just and proper in the
facts and circumstances of the case."
Special Criminal Application No.680/1999 was filed by
co-accused I.B. Vyas with the following prayer:
(A) The Honorable Court be pleased to direct the State
of Gujarat to handover the investigation of prohibition
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C.R. No.216/96 pending before the Palanpur City Police
to Central Bureau of Investigation (C.B.I.) not below
the rank of Director General of Police C.B.I.
(B) The Honorable Court be pleased to issue an
appropriate writ or direction directing reinvestigation of
the F.I.R. registered at Kotwali Police Station, Pali
bearing C.R. No.403/96 by Central Bureau of
Investigation (C.B.I.) not below the rank of Director
General of Police of the C.B.I.
(C) Pending disposal and final hearing of this petition
all further proceedings in connection with Prohibition
C.R. No.216/96 of Palanpur City Police Station and C.R.
No.403/96 of Pali Kotwali Police Station at Pali
Rajasthan be stayed.
(D) Such other order which is just and proper in the
facts and circumstances of the case."
The Hon'ble Gujarat High Court had decided the
criminal applications with the following observations :
"23. The following facts are not in dispute:-
1. The investigation into the F.I.R. No.403/96
registered at the Kotwali Police Station, Pali, State of
Rajasthan is already over and the competent court has
taken cognizance of the report filed under section 173
of CrPC long back at least before more than 10 years.
2. There has been no investigation with regard to the
C.R. No.216/96 registered at the Palanpur District
Banaskantha at all.
3. The prayer made by the petitioner Shri I.B. Vyas to
transfer the criminal proceeding of the F.I.R. Case
No.403 of 1996 from Pali to be taken with C.R.
No.216/96 at Palanpur purported to have been filed
under section 186 of Cr.PC stood rejected by a detailed
judgment and order dated 4.12.1997 passed by this
Court in the Special Criminal Application No.1302 and
1309 of 1997 titled as I.B. Vyas vs State of Gujarat.
4. In light of the above, the only question which
requires to be examined is with regard to the
investigation of the offence registered as C.R. No.216
of 1996 at the Palanpur City P.S. which, unfortunately,
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has remained uninvestigated in spite of the
seriousness of the offences involved therein.
5. Briefly stated the offence/s pertains to the planting/
recovery of 1½ kg of narcotics drug at the Hotel
Lajwanti City Palanpur, State of Gujarat. The intimation
of narcotics drug being available in the said Hotel is
stated to have been received by the control room of
the Palanpur district Police through an anonymous
caller.
6. Based upon the said recovery/planting of 1½ kg
narcotic drugs at the Hotel Lajwanti, City Palanpur, one
Advocate [Shri Sumer Singh Rajpurohit who has not
been joined as party in the present petition] is stated
to have been abducted in the midnight from his
residence at Pali, Rajasthan. As recorded by this Court
in the aforesaid judgment and order dated 4.12.1997,
after the arrest of the said victim - Advocate, a
property occupied by him was vacated under the
pressure of his alleged implication with the narcotic
drug found in Hotel Lajwanti.
Surprisingly, as emerged during the investigation of
the C.R. No.403/96 conducted by the Rajasthan Police,
a written document was executed for vacating the said
property while Shri Sumer Singh Rajpurohit was still in
the police custody of the Palanpur police. In the said
written agreement, it was shockingly mentioned that if
the said Advocate vacates the property, the Palanpur
Police would release him from Jail in the said narcotic
case. In fact, within only three days of Shri Sumer
Singh Rajpurohit remaining in police custody, the
property was vacated by his brother and on such
vacating of the property, the Palanpur Police filed a
report under Section 169 Cr.PC before the Court saying
that the person occupying the room in Hotel Lajwanti
where 1½ kg narcotic was found was not Shri Sumer
Singh Rajpurohit and that he may be released.
The sequence of events are really shocking. More
shocking is the fact that though the offence registered
as C.R. No.216/96 at Palanpur is crucial for
investigation, no investigation, whatsoever, has taken
place.
7. So far as the offence registered as C.R. No.216/96
at the Palanpur police station regarding
planting/recovery of 1½ kg. of narcotic drug based
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upon which an Advocate was falsely arrested and was
coerced to vacate the property in three days while in
custody is concerned, this Court in the aforesaid
judgment dated 4.12.1997 recorded as under :
"10. I have perused the police diary of C.R. No.
216/96. Nothing substantial has been done in this
case. Mr. D.N. Patel, learned APP submitted that the
police is in search of the person who gave false
information to the police from Pali. For this two
computer photographs have been prepared. I cannot
understand when even according to the police the said
information was received on telephone how and what
basis a computer photograph could be prepared. There
is no progress beyond this, in this case."
It is very sad and unfortunate to note, as informed by
the learned Public Prosecutor, that till date there has
not been any investigation or progress in the C.R.
No.216/96.
So far as the investigation into the offence registered
at the Pali Kotwali Police Station is concerned, the facts
brought are very shocking. This Court, in the judgment
of I.B. Vyas vs State of Gujarat [supra], after
elaborately examining the investigation conducted by
the CID, CB, Rajasthan into the offence registered at
Pali, State of Rajasthan, being F.I.R. Case No.403/96
recorded the following facts which have emerged on
investigation:
i. Shop No. 6 in Vardhaman Market, Pali, belongs to
Amribai. She lives in Bombay. Phootarmal holds the
Power of Attorney. He is real uncle of Shri R.R. Jain.
They were interested in eviction of the premises from
Sumersingh and his brother.
ii. Though Amribai is not the real sister of Mr. R.R.
Jain, as she married to Javant Raj in place of his sister,
she was treated as real sister. She is an elderly lady
aged 55 years. Her husband Jawantraj is carrying own
business in Bombay. Mr. Jain has studied in Bombay
staying with his sister Amribai. In one of the reception
in the village, Mr. R.R. Jain said that whatever he is
today, is because of Javant Raj.
iii. Smt. Amribai, Javant Raj ji. Phootarmal and R.R.
Jain all had assembled in village Mohrai to attend the
marriage of the son of Amribai, during the period
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25.4.1996 to 29.4.1996. The investigation has
recorded statement of number of witnesses about the
participation of these persons in the marriage. As per
the information given by the Gujarat High Court,
Hon'ble Justice R.R. Jain was not on duty during the
period 25.4.1996 to 29.4.1996. As per the report of
the driver, Mr. Jain left Ahmedabad on 25.4.1996.
Police has also collected copies of the petrol
consumption bills which indicate that petrol was filled
in his official car GJ-1G 1904 at Sirohi Road,
Sumerpur, Abu Road. Statement of Addl.
Superintendent of Police Officers at Bali have been
recorded, which shows Shri Jain's presence in Bijapur
and near villages during the said period, as on his
telephonic request, Police arrangements were made.
iv. There are statements of witnesses to the effect that
during marriage, there were talks in the family about
the shop in Vardhaman Market. Shri Javant Raj had
agreed to sell the shop for Rs. 6 lakhs, but the deal
could not be settled as Phootarmal was demanding Rs.
8 lakhs. Vacant possession of the shop was felt
necessary. They disbursed on 29th April 96. Palanpur
is on the way from Bijapur to Ahmedabad.
v. The Investigating Agency has also collected
telephone bills of Phootermal from Pali, telephone bills
of Sanjiv Bhatt, DSP, Palanpur (57104) and that also
the telephone bills of Shri R.R. Jain (7865568) at
Ahmedabad. Police has collected all relevant record
from S.T.D. Telephone Booths at Palanpur and Pali.
Relevant evidence in: that regard has been recorded.
There are outgoing calls from the telephone of Sanjiv
Bhatt to Shri R.R. Jain at Ahmedabad on various dates,
i.e. 5.3.1996, 6.3.96, 22.6.96, 24.3.96, 2.4.96,
8.4.96, 9.4.96, 10.4.96, 14.4.96, 4.5.96 and 7.5.96.
Similarly there are outgoing calls from the telephone
of Shri R.R. Jain to Sanjiv. Bhatt at Palanpur on
5.3.96, 31.3.96 and 10.4.96, 30.4.96, 4.5.96, 6.5.96
and 8.5.96.
vi. On 30.4.96, before the arrest of Sumer Singh and
the day on which opium alleged to have been planted
in the Hotel at Palanpur, there are telephone calls
between the alleged conspirators. There are noticeable
outgoing calls from the official telephone No. 7865568
of Shri R.R. Jain.
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Hrs. Seconds
20.23 206 Phootarmal, Pali
21.08 89 -do-
21.17 145 Sanjiv Bhatt, Palanpur
21.13 105 Phootarmal, Pali
vii. On 3.5.96, the day on which Sumersingh was
brought to Palanpur, there is one call to Phootarmal at
21.12 hrs., on 4.5.96 again there are outgoing calls
from the telephone of R.R. Jain to Phootarmal at 09.11
hours then at 9.20 hours. This talk to Phootarmal is a
long one. Thereafter there is a talk to Sanjiv Bhatt at
9.43 hours. Again call to Phootarmal at 9.45 hours,
14.05 hours to Phootarmal, 21.09 hours to Phootarmal
and immediately thereafter at 21.11 hours, to Sanjiv
Bhatt. On 5.5.1996, the day on which agreement to
vacate the premises is executed and Sumersingh was
assured that he will be released, there are outgoing
calls from the telephone of Shri Jain to Sanjiv Bhatt at
10.08 hrs., 0.53 hrs., 18.16 hrs. and 23.09 hrs. Suffice
it to say that the computer record collected by the
Police from Telephone Department shows that there
had been 16 rounds of telephonic calls from Pali to
Ahmedabad made by Phootarmal to Shri Jain and
Ahmedabad to Palanpur made from the telephone of
Shri Jain to the telephone of Shri Bhatt. Police has
collected tape recorded talk of Phootarmal to the
telephone of Shri Jain.
viii. Investigating Agency has collected various
documents pertaining to tenancy of the shop, Civil Suit
and the agreement dated 5.5.96 signed by Mohanlal to
deliver the vacant possession and another agreement
written by Phootarmal through his son Rohit, in which
it is mentioned to get Sumersingh released and if it is
not done, he will have right to get possession back of
the shop and the agreement shall stand cancelled. Key
of the shop was given to Narayansingh, mediator.
ix. Official record showing the visit of I.B. Vyas and
Police party to Pali in civil dress, without informing the
local police in jeep of fake number plate has been
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collected. Relevant record from RTO, Udaipur has been
collected about the use of jeep with fake number plate
by Mr. I.B. Vyas. Statements of number of witnesses
have been recorded.
x. Police has also collected copies of the judicial
proceedings of the Court of Chief Judicial Magistrate,
Additional Sessions Judge and Special Judge at
Palanpur during the period 4.5.96 to 14.5.96, which
reflects presssure on police and may be to some
extent on judiciary.
xi. Police has collected documentary and oral evidence
to show that Sumersingh was in Pali on 29th and 30th
April 1996. Material has also been collected as to how
Shanti Lal made a false entry in the Register of
Lajwanti Guest House and forged the signature of
Sumersingh.
xii. On 26.11.96, Mr. M.D. Vaishnav, produced an
application of Shri R.R. Jain addressed to the Bar
Association for compromise. On 27.11.96, Mr.
Vaishnav, Pathanjali Joshi, Bhagirath, Advocates talked
to Shri Jain the talk was taped by Sidheswar Puri from
another room the audio cassette has been produced
and the same is with the Investigating Agency.
According to the complainant, it contains extra-judicial
confession of Shri R.R. Jain."
24. The petitioner/s have informed this Court that the
proceedings with regard to the charge-sheet filed by
the Rajasthan Police in C.R. No.403/1996 are pending
before the Hon'ble Supreme Court in Criminal Appeal
No.1030 and 1031 of 2002.
However, it is an admitted position that neither any
proceedings are pending with regard to the prohibition
C.R. No.216 of 1996 pending at the Palanpur City
Police Station, Banaskantha, Gujarat, nor, the
investigation has progressed at all.
25. From the shocking facts emerging from the record
and the reported Judgment placed before this Court in
which Shri I.B. Vyas himself was the petitioner. The
subject matter being the same, it is clear that it would
be a travesty of justice if an independent, detailed and
thorough investigation in offence registered being the
C.R. No.216/96 at the Palanpur City Police Station is
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not conducted so as to find out who brought/planted
1½ kg of narcotic drugs based upon which the
complainant Advocate Shri Sumer Singh Rajpurohit
was allegedly and falsely implicated which is apparent
from the investigation conducted by the Rajasthan
Police referred to in the above portion.
............
53. In the result, both the writ-applications are disposed of with a direction that the investigation of the C.R. No.216/96 registered with the Palanpur City Police Station be conducted by a Special Investigation Team constituted out of the CID (Crime), State of Gujarat, which is a central agency of crime detection in the State of Gujarat.
54. The Special Investigation Team shall consist of the officers of not below the rank of the Superintendent of Police and shall have an officer of the level of the Deputy Inspector General of Police as its head.
55. The investigation shall be carried out under the direct supervision of an officer not below the rank of the Inspector General of Police."
That after disposal of the aforesaid criminal applications, the petitioner Sanjiv R. Bhatt filed a recalling application being Cr. Misc. Application (Recall) No.1/2020 with the following prayer :
"13(A) That the Hon'ble Court be pleased to reconsider the order dated 03-04-2018 passed in Special Criminal Application No.680 of 1999 with Special Criminal Application No.1079 of 1998 and if the Hon'ble Court is pleased to reconsider the said order, then the Hon'ble Court further be pleased to issue an appropriate writ, order or direction to recall the order dated 03-04-2018 passed in Special Criminal Application No.680/1999 with Special Criminal Application No.1079/1998 with a further direction indicating all proceeding initiated so far based on the said order stands ab-initio void."
While dealing with the aforesaid application, Hon'ble Gujarat High Court observed as under :
"27. I have no hesitation in observing that the filing of the applications of the present type is nothing but last ditched efforts on the part of the applicant to see that the trial does not proceed further. Such attempts (Downloaded on 27/08/2020 at 08:40:13 PM) (23 of 54) [CRLMP-997/2020] needs to be condemned in strong words. Having regard to the developments that have taken place after this Court passed the order, it is too much on the part of the applicant to come to this Court and pray that the order be recalled, and that too, on flimsy grounds as urged. This litigation is now almost more than two decades old. After due consideration of all the relevant aspects of the matter and materials on record, this Court thought fit to pass appropriate directions for the constitution of a Special Investigation Team, so that such team can carry out effective investigation of the F.I.R. In the order passed by this Court, a fine distinction has been drawn between the prosecution instituted within the State of Gujarat and the proceedings, which are pending in the State of Rajasthan. The filing of the 'A' summary report or any other report can hardly be a ground to preclude this Court from exercising its extraordinary jurisdiction under Article 226 of the Constitution of India, if the occasion demands in the interest of justice. It is too much on the part of the applicant to say that as the investigation was completed and an 'A' summary report was filed, this Court ought not to have entertained the two writ-applications and pass an order for the constitution of a Special Investigation Team. The facts of this case need not be repeated. The more they are recalled, it is more painful. Unfortunately, the police officers are involved in this crime along with a former Judge of this High Court.
28. As on date, there is a charge-sheet on record. I would not like to go into the evidence forming part of the charge-sheet. It is now for the trial Court to proceed with the recording of the evidence. The guilt or the innocence of the accused persons will be now determined by the trial Court on conclusion of the trial.
29. The two decisions of the Supreme Court upon which the strong reliance has been placed is also thoroughly misconceived.
30. In Ram Lal Narang (supra), the Supreme Court was dealing with the facts and circumstances of a case where two F.I.R.s were lodged and two charge-sheets were filed. The Supreme Court took note of the fact that the conspiracy which the subject-matter of the (Downloaded on 27/08/2020 at 08:40:13 PM) (24 of 54) [CRLMP-997/2020] second case could not be said to be identical with the conspiracy which was the subject-matter of the first one, and further, the conspirators were different; although, the conspiracy which was the subject-matter of the first case may perhaps be said to have turned out to be a part of the conspiracy which was the subject matter of the second case. After adverting to the various facets, the Supreme Court opined that occasions may arise when a second investigation started independently of the first may disclose wide range of offences including those covered by the first investigation. Being of such view, the Supreme Court did not find any flow in the investigation on the basis of the subsequent F.I.R.."
In the aforesaid order the Hon'ble Gujarat High Court has drawn a distinction between the prosecution instituted within the State of Gujarat and the proceedings, which are pending in the State of Rajasthan, meaning thereby both the cases pertain to different offences.
It is also relevant to mention here that the petitioner by way of filing Cr. Revision Application No.1650/2019 before the Hon'ble Gujarat High Court, challenged the order dated 23.08.2019 passed in Special NDPS Case No.3/2018 pending before the Court of Learned Special Judge, NDPS Act Cases, Banaskantha at Palanpur whereby charges were framed against the petitioner. The Hon'ble Gujarat High Court after discussing in detail the history of abuse of law by the present petitioner so also the previous application filed by the petitioner to invoke the provisions of Section 186 Cr.P.C., rejected the said Cr.
Application vide order dated 21.05.2020 with the following observations :
"37. That, present applicant in the present case able to frustrate the courts of justice by delaying the trial since (Downloaded on 27/08/2020 at 08:40:13 PM) (25 of 54) [CRLMP-997/2020] 1996. The present applicant made first attempt by filing Special Criminal Application No. 1038 of 1997 name of Shri I.B. Vyas, the co-accused and Criminal Misc. Application No. 1309 of 1997 on the name of State of Government. Both the referred application were filed invoking Section 186 of the Act, which is quoted herein under:
"186. Where two or more Courts have taken cognizance of the same offence and a question arises as to which of them ought to inquire into or try that offence, the question shall be decided-
(a) if the Courts are subordinate to the same High Court, by that High Court;
(b) if the Courts are not subordinate to the same High Court, by the High Court within the local limits of whose appellate criminal jurisdiction the proceedings were first commenced and thereupon all other proceedings in respect of that offence shall be discontinued.
38. While dealing with the said two petitions, this Court was conscious of (A) pending of criminal case in connection with CR NO.216 of 1996 in Palanpur Court and CR No. 403 of 1996 pending at Pali Rajasthan.
(B) Charge sheet is already filed by Rajasthan Police in CR No. 403 of 1996.
39. This court made it clear that it was the case of the Palanpur Police that as a part of the said conspiracy someone has entered the name of Shri Sumersingh in the hotel register about plaintiff of narcotic substance in the room of the said hotel and gave false information to the Palanpur Police. The Palanpur Police also inquired that such person was not Sumersingh and therefore, a report under Section 169 of CrPC was submitted by Police and accepted by the competent court on 14th September 1996 in para 7, this Court has categorically observed as under:
40. After examining the investigation conducted by CID-CB Rajasthan (in the complaint by by the deponent) this Court keeping the question to be decided mainly prayers prayed by both the advocates requires to be granted or not.
41. Mr. I.B. Vyas in his Special Petition No. 103 of 1997 prayed to transfer the criminal proceedings of CR No. 403 of 1996 from Pali Kotwali for an investigation and try with proceedings of CR No. 216 of 1996 at Palanpur in the interest of justice and made other prayers. In Special (Downloaded on 27/08/2020 at 08:40:13 PM) (26 of 54) [CRLMP-997/2020] Criminal Application No. 1309 of 1997, it was prayed to issue direction of transferring proceedings of CR No. 403 of 1996 from Pali Kotwali for investigation and try with the proceedings of CR No. 216 of 1996 registered at Palanpur City Police Station along with consequential reliefs.
42. It becomes clear that the applicant has categorically contended before the respective High Courts that offence registered being CR No. 216 of 1996 at Palanpur City Police Station (present offence) is the real offence and only that offence can be investigated. Now, he has taken a different view and Sumer Singh and said different offence is directed by the High Court to be investigated and it has emerged that applicant himself is an accused in the said offence also.
43. In the case on hand, learned Special Judge has assigned detailed reasons for examining the discharge application filed under Section 227 Cr.PC. It is clear from his order that after consideration of relevant materials, charge had been framed.
After evaluating the material produced by the prosecution and after considering the probability of the case, learned Special judge satisfied by the existence of several grounds against the applicant and framed the charge. Whether the materials on hand of the prosecution are sufficient or not are important for trial. At this stage, it cannot be claimed that there is no sufficient ground for proceedings against the applicant and discharge is the only remedy. Further whether the trial will in end conviction or acquittal is also immaterial, all these relevant aspects have carefully been considered by the learned Special Judge dismissing the discharge application filed by the applicant herein. This court is fully agreed with the said conclusion.
With above reasons, this revision application is hereby dismissed. Notice stands discharged."
Thus, it seems that the present petitioner after taking recourse to all the judicial proceedings by way of filing various applications at various stages before the Hon'ble Gujarat High Court as well as before the Hon'ble Supreme Court including the last resort of filing Cr. Revision Petition challenging the order of framing charges by Special Judge, NDPS Act Cases, Banaskantha (Downloaded on 27/08/2020 at 08:40:13 PM) (27 of 54) [CRLMP-997/2020] at Palanpur has filed the present Misc. Petition for staying the proceedings pending before the said Court.
It will be worthwhile to refer to the original complaints being C.R. No. 216/1996 and C.R. No. 403/1996 which are reproduced hereunder :-
"Palanpur City Police Station Prhoi. C.R. No.216/1996.
The first information report regarding the cognizable offence filed at the Police Station, as per Sec. 154 of the Criminal Procedure Code.
Sub-District : Palanpur. District :
Banaskantha.
The time and date of the offence: Dt.
30.04.1996
At: 10:40 Hours.
1. Date and hour of the information Dt. 30.04.1996
given At 12-00 hrs.
2. Place of the offence, the distance Room No.305, in
from the Police Station and the Hotel Lajwanti, at
direction Palanpur. At a
distance of 3 KM.
from the Police
Station.
Dhundhiyawadi
Police Station
3. Date sent from the Police Station 30.04.1996
4. Name and residential address of Shri I.B. Vyas,
the person given the information Police Inspector,
and of the complainant. L.C.B. Palanpur,
on behalf of the
Government
5. Name and residential address of Sumersingh
the accused person. Rajpurohit, aged
38 years, R/o
Pali, Vardhaman
Market, Pali.
6. Description of the offence in Under Section 17
short and the description of the of the NDPS Act,
muddamal, if taken, in short and in that the
the penal reaction. accused
mentioned in col.
No.5, boarded
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Room No.305.
:In the guest
house of the
Hotel Lajwanti,
on 29.04.1996
from 21-40 hr.,
and kept with
prohibited opium
weighing 1 kgs.
And 15 Gms.,
valued at
Rs.8,120/- below
the bed on the
cot in room
No.305, in his
possession,
without my pass
or permit, and
committed the
offence and as
soon as he came
to know about
the raid, he
immediately ran
away.
7. Efforts made regarding the Immediately,
investigation, and if the
explanation if any delay has been
caused in recording the
information.
8. Disposal of the case
Sd/- Illegible. Designation:
Police Station
Officer, Palanpur
City.
Note : The first information be recorded under and in token of
be being correct, the signature of the Informant of his thumb- impression be taken and the officer recording the same should attest the same.
30.04.1996 I, I.B. Vyas, Police Inspector, L.C.B., Palanpur, Banas Kantha.
I file my complaint on behalf of the Government to the effect that today I was present at the Vishramgriha. At that time, I received a message from the Police Control Room through a runner in writing and in the telephonic message, it was mentioned that one unknown person from Pali (Rajasthan) had informed on (Downloaded on 27/08/2020 at 08:40:13 PM) (29 of 54) [CRLMP-997/2020] phone that Sumer Singh Rajpurohit deals in opium and that by carrying 5 kgma. Of opium, he had boarded in the Hotel Lajwanti at Palanpur. The delivery of the opium is to be given at Palanpur. As the information was to that effect, for carrying out the raid on 30.04.1996, I had alleged P.S.I., L.C.B. Shri P.J. Chaudhari, P.S.I. Shri R.P. Patel. Unarmed H.C. Mohmad Hanif Vali Mohmed, B. No.1295 of L.C.B., Palanpur, J.H.C. Hajaribhai Motibhai, U.P.C. Becharbhai Naghbhai-B, No.870, U.P.C. Govind Bhai Shivabhai B.No.1250, U.P.C. Previnchandra Hiralal B. No.1392, at the Vishram-Griha, Palanpur and they all were acquainted with the telephonic message received from the Police control Room, Palanpur, and as the raid was to be arranged, a confidential report was sent to the Dist. Superintendent of Police, Banashkantha District, at Palanpur, and we the Police Officers and the Police personnel all had started at Hrs. 7-10 from the Vishram-Griha, Palanpur, in the police vehicle for carrying out the raid at the place shown in the telephonic message and when we reached at the circle on Palanpur-Dessa Highway, we called two persons who were passing by namely : (1) Gulma Reaul Abdul Rahman Pathan, reading behind D.B. Parakh High School, Subhash Road, Dhanera and (2) Mohmad Juber Sadulbhai Manknojiya, R/o Chadotor, Taluka Palanpur, and they were asked to remain as Pancha and they were explained about the aforesaid information and then we came with the panhas, at Hotel Lajwanti, the place mentioned in the message, and one person was sitting on the counter of the Lajwanti Hotel and on asking his name, he replied that his name was Ashok Kumar Shanti Lal Gupta of Palanpur, reading behind the Cold Storage, Highway, Palanpur and he further replied that he was the owner of the Hotel Lajwanti, and that on the first floor of the hotel, there is the guest house and that the persons coming from outside board in the said guest house. He was informed about the message received in the telephonic message. He was asked as to whether any person named Sumer Singh Rajpurohit R/o Pali had boarded in the guest house or not. In reply, he verified the register of the persons boarding in the guest house and replied that the person named Sumer Singh Rajpurohit, aged 38 years, residing at Vardhman Market, Pali, had boarded at 21-40 hrs. on 29.04.1996 in room No.305. An entry at Sr. No.640 was made in the register to that effect. As he replied in that manner, we took him with us and went upstairs at third floor and case near (Downloaded on 27/08/2020 at 08:40:13 PM) (30 of 54) [CRLMP-997/2020] room No.305 and asked him to open room No.305 and as he did that, we had kept the police persons down-stairs in the Hotel Lajwanti and also in the nearby place and the hotel owner Ashok Kumar Gupta pushed the handle of the door of room No.305 and the door along with the panhas and started to carry out raid. No person was found out in the room as well as in the bathroom. The ceiling fan of the room was on. On carrying out the raid with the panchas and the hotel owner, two wooden cota were found and on them. Cotton beda were lying on them. From below the first bed on the cot, one cotton bag red in colour with designs of blue and yellow Colour and also in weighty condition was found out. On seeing in the same, the bundle wrapped with cotton 'lungi' of cross design and of slight green colour was found and on opening the same, one plastic 'theli' of slight Jamboo colour and having knote on the same, was found and on opening the same, from inside one slight Jamboo coloured plastic 'theli' was found out and in the same black coloured substance was seen. On opening the said 'theli', it was found that there was black coloured substance, hard and somewhat soft and on seeing the same by me, the panchas and the Police Officers accompanying me and the hotel owner Ashok Kumar Gupta, it a melt of odour of prohibited opium. In the said 'Lungi' there were three empty plastic 'thelia', one was of slight Jamboo colour, one was of white colour and one was of the 'Popati' colour. On searching minutely in the furniture's of room No.305, on the second cot and also in the bathroom, no other incriminating article like opium was found out and also no other illegal article was found out. Therefore, for weighing the quantity of this prohibited substance opium, U.P.C. Becharbhai Meghabhai was sent to call for one merchant from Palanpur City with the scale and the 'Bats' and he called one person named Dipak Kumar Amrit Lal Gemi R/o Ganeshpur, Palanpur, with the scale and the 'Bats' of his shop and the said merchant was acquainted of myself and the other Police Officers and policemen and also of the Panchas, and he was also explained of the fact regarding the recovery of the illegal substance opium and he was asked to weigh the quantity of the opium by his scale and the 'Bats' varying from 5 Gms. to 1 K.gm brought by him, and on weighing the same by his scale and the 'Bats, the quantity was found out to be of 1 kgm. Of opium at Rs.8,000/-, the price of the opium of 1 kg. And 15 gms was determined at Rs.8,120/-. From the substance of the opium, the (Downloaded on 27/08/2020 at 08:40:13 PM) (31 of 54) [CRLMP-997/2020] said merchant was asked to take out about 20 Gms. of opium from all the sides of the quantity, and accordingly he did so and took out 20 Gms. of opium and we put this quantity of 20 Gms. of opium in a plastic bag and also we put one slip of paper signed by us and the panchas therein and tied the said bag with thread and then put in the said bag in a cotton bag and sewed the mouth of the sold bag and put a slip signed by us as well as the panchas and tied the same with a thread and sealed it with the seal of P.I., LC.A., G.K., PALANPUR in English and attached the same as a sample for investigation purposes and the remaining quantity of 995 Gms. of opium was kept in another plastics bag and thereon, a slip signed by us as well as the panchas was put and then it was tied with a thread and then the said bag was put in a cotton bag and its mouth was sewed and thereon a slip signed by us as well as of the panchas was put and a thread was tied and thereon it was sealed with the seal of P.I., LC.A, G.K., PALANPUR in English and then it was seized for the purpose of investigation. Thus in this room No.305, the traveller named Sumer Singh Rajpurohit R/o Vardhman Market, Pali (Rajasthan), had kept in his possession incriminating opium without any pass or permit, in room No.305 of Lajwanti Hotel kept by him on rent, below the bed of the cot and on coming to know about the said, he has run away. Thus in this way, panchas has been carried out from Hrs. 7-25 to 10-4- hrs. in details.
Thus, the said Sumer Singh Rajpurohit, aged 38 years, R/o Vardhman Market, Pali (Rajasthan), he kept room No.305 of the guest house of Hotel Lajwanti from 22-40 hrs. on 29.04.1996 on rent and he has kept illegal opium weighing 1 kg. And 15 gms. valued at Rs.8,120/- without any pass or permit, below the bed of the cot in room No.305 and has thus committed an offence, and on coming to know about the raid, he has run away keeping the bag containing the opium in the room and therefore, I file my complaint from the offence U/s 17 of NDPS Act against him and for doing further needful in the matter.
To the above effect, my complaint is true and correct and as per my dictation.
Sd/- I.B. Vyas Before
Sd/- Illegible
Police Inspector
(Downloaded on 27/08/2020 at 08:40:13 PM)
(32 of 54) [CRLMP-997/2020]
L.C.B., Palanpur.
Remarks: The complaint as above in writing of Shri I.B.
Vyas, Police Inspector, L.C.B., Palanpur, and received for
registering the offence and therefore, the crime has been registered.
Submitted to the Chief Judicial Magistrate, Palanput, Dt. 30.05.1996 Sd/-
Illegible Police Inspector L.C.B., Palanput Received on : 01.05.1996 at 11-30 Sd/- D.R. Bave E.O.C. Sd/-
Chief Judicial Magistrate Palanpur"
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"FIRST INFORMATION REPORT cqd ua- izFke lwpuk fjiksVZ Øe la-
¼Under Section 154 Cr.P.C.½ ¼n.M izfØ;k lafgrk /kkjk 154 ds vUrxZr½ 1- District ¼ftyk½% ikyh P.S. ¼Fkkuk½% dksrokyh Year¼o'kZ½1996 FIR No. ¼Iz-lw-fj-la-½ 403 Date ¼fnukad½ 18-11-96 2- (i) Act ¼vf/kfu;e½ Hkkanl Section ¼/kkjk,a½% 120B, 195, 196, 342, 347, 367, 368, 388, 468, 482 IPC
(ii) Act ¼vf/kfu;e½ ,uMhih,l Section¼/kkjk,a½%17,58(1)(2) NDPS Act
(iii) Act ¼vf/kfu;e½ Section ¼/kkjk,a½
(iv) Other Acts & Section ¼vU; ,DV o /kkjk,a½% 3- (a) d Occurance of offence ¼?kVuk dk½ Day ¼fnu½ Date From ¼fnukad ls½ 3-5-96 Date to ¼fnukad rd½ 17-10-96 Time Period ¼igj½ nksigj Time from ¼cts ls½ 1 cts Time to¼cts rd½ (Downloaded on 27/08/2020 at 08:40:13 PM) (33 of 54) [CRLMP-997/2020]
(b)¼[k½Information received at P.S.¼Fkkus ij izkIr lwpuk½ ljnkjiqjk Date ¼fnukad½% 17-10-96 Time ¼le;½ 6-45
(c) ¼x½ General Diary Referance ¼jkstukepk lanHkZ½ Entry No. ¼izfof'V la-½ Time ¼le;½% 4- Type of information ¼lwpuk dSls izkIr gqbZ½ Written/Oral ¼fyf[kr@ekSf[kd½% fyf[kr 5- Place of Occurance: ?kVukLFky dk C;kSjk (a) ¼d½ Direction and distance from P.S. ¼Fkkus ls fn"kk ,oa nwjh½% iwoZ Qklyk 1-5 fd-eh-
Beat No. ¼chV la-½%
(b)¼[k½ Adress: 468 ckiwuxj foLrkj dLck ikyh
(c)¼x½ In case outside the limit of this police station then ¼;fn bl Fkkus dh lhek ds ckj gks] rc mls½% Name of P.S.¼Fkkus dk uke½% District ¼ftyk½ 6- Complaint/Informant ¼f"kdk;rdrkZ@bfRryk nsus okyk½%
(a)¼d½ (Name) uke % Jh lqesjflag firk fpeuflag jktiqjksfgr
(b)¼[k½ Fathet's/Husbands Name¼firk@ifr dk uke½%
(c)¼x½ Day/Year of Birth¼tUefrfFk@o'kZ½%
(d)¼?k½ Nationality ¼jk'Vªh;rk½%
(e)¼M½ Passport No. ¼ikliksVZ la-½%
(f)¼p½ Occupation ¼O;olk;½% odkykr
(g)¼N½ Adress: 468 ckiwuxj foLrkj dLck ikyh 7- Details of known/suspected/unknown accused with full particulars ¼Kkr@lafnX/k@vKkr vfHk;qDrksa dk iw.kZ fooj.k½ Attach separate if necessary ¼;fn vko";d gks rks vyx ls uRFkh djsa 1- Jh QwVjey iq= ghjkpUn tkfr ikjoky tSu fuoklh chtkiqj vkj{kh dsUnz ckyh ftyk ikyh gky fryduxj ikyhA 2- Jh jeu vkj tSu iq= Jh jktey th iksjoky tSu fuoklh chtkiqj vkj{kh dsUnz ckyh ftyk ikyh 'gky vfrfjDr tt xqtjkr mPp U;k;ky;] vgenkcknA 3- Jh latho HkVV orZeku ftyk iqfyl v/kh{kd jktdksV ¼xqtjkr½A 4- Jh vkbZ0ch0 O;kl] iqfyl fufj{kd] ,l-lh-ch- ikyuiqj ¼xqtjkr½A 5- Jh ;kfXud ;krk;kr iqfyl fufj{kd ikyuiqj ¼xqtjkr½A (Downloaded on 27/08/2020 at 08:40:13 PM) (34 of 54) [CRLMP-997/2020] 6- Jh "kkUrhyky iq= jkepUnz tkfr xqIrk fuoklh ikyuiqj ekfyd yktoUrh gksVy] ikyuiqjA 7- Jh izoh.k HkkbZ iq= ghjkyky csYV ua 1392 fuoklh gky ,l0lh0ch0 ¼cukldkaBk½A 8- Jh gtkjh HkkbZ iq= eksrhHkkbZ csYV ua 1239 gSM dkaLVscy fuoklh gky ,l lh ch ikyuiqj cukldkaBkA 9- Jh dkUrhHkkbZ dkj Vsoy MkbZoj gky ,l-lh-ch- ikyuiqjA 10- vU; 7&8 xqjktr ¼ikyuiqj½ iqfyl deZpkjhA 8- Reasons for delay in reporting by the complainant/ Informant ¼f"kdk;r@bfRryk nsus okys }kjk] lwpuk nsus esa nsjh esa nsjh dk dkj.k½% 1- ifjoknh Lo;a }kjk 2- fuxjkuh ;kfpdk ds dkj.k 9- Particular of properties stolen ¼pksjh gqbZ lEifRr dk fooj.k½ Attach separate sheet, if necessary ¼;fn vko";d gks] rks vyx i`'B uRFkh djsa½ 10- Total value of property stolen¼pksjh gqbZ lEifRr dk dqy eqY;½% 11- Inquest Report ¼e`R;q leh{kk fjiksVZ½ U.D. case No.¼vizkd`frd e`R;q ekeyk la-
½ If any ¼;fn dksbZ gks rks½% --------------------------------------------- 12- F.I.R. Contents ¼iz-lw-fj- dh fo'k; oLrq½ Attach separate sheet, if required ¼;fn vko";d gks] rks vyx i`'B uRFkh djas½% lsok esa] Jheku eq[; U;kf;d eftLVªsV egksn;] ikyh ifjoknh % lqesj flag iq= Lo- fpeuflag tkfr jktiqjksfgr fuoklh 468 ckiquxj foLrkj ikyh cuke vfHk;qDrx.k % 10- Jh QwVjey iq= ghjkpUn tkfr ikjoky tSu fuoklh chtkiqj vkj{kh dsUnz ckyh ftyk ikyh gky fryduxj ikyhA 11- Jh jeu vkj tSu iq= Jh jktey th iksjoky tSu fuoklh chtkiqj vkj{kh dsUnz ckyh ftyk ikyh 'gky vfrfjDr tt xqtjkr mPp U;k;ky;] vgenkcknA 12- Jh latho HkVV orZeku ftyk iqfyl v/kh{kd jktdksV ¼xqtjkr½A 13- Jh vkbZ0ch0 O;kl] iqfyl fufj{kd] ,l-lh-ch- ikyuiqj ¼xqtjkr½A 14- Jh ;kfXud ;krk;kr iqfyl fufj{kd ikyuiqj ¼xqtjkr½A 15- Jh "kkUrhyky iq= jkepUnz tkfr xqIrk fuoklh ikyuiqj ekfyd yktoUrh gksVy] ikyuiqjA (Downloaded on 27/08/2020 at 08:40:13 PM) (35 of 54) [CRLMP-997/2020] 16- Jh izoh.k HkkbZ iq= ghjkyky csYV ua 1392 fuoklh gky ,l0lh0ch0 ¼cukldkaBk½A 17- Jh gtkjh HkkbZ iq= eksrhHkkbZ csYV ua 1239 gSM dkaLVscy fuoklh gky ,l lh ch ikyuiqj cukldkaBkA 18- Jh dkUrhHkkbZ dkj Vsoy MkbZoj gky ,l-lh-ch- ikyuiqjA 19- vU; 7&8 xqjktr ¼ikyuiqj½ iqfyl deZpkjhA ifjokn vUrxZr /kkjk 190 n.M izfØ;k lafgrk vijk/k vUrxZr /kkjk 120ch] 195] 196] 342] 347] 357] 368] 388] 458] 482 Hkknla ,oa /kkjk 17] 58 ¼1½] 58¼2½ Lokid nO; ,oa eu%izHkkoh inkFkZ vf/kfu;e 1985 egksn;th] ifjoknh vknjiwoZd ,o uezrkiwoZd viuk ;g ifjokn fuEu iz'dkj izLrqr djrk gS % 1- fd ikyh uxj ds o/kZeku ekdsZV ds Hkwry ij fLFkr nqdkula[;k 6 dk LokfeRo Jhefr vejh ckbZ ifRu tkoarjkt tSu fuoklh chtkiqj rglhy ckyh ftyk ikyh esa fufgr gS,oa Jhefr vejh ckbZ dk vke eq[r;kj vfHk;qDr la[;k ,d QqVjey gSA ifjoknh dh iwoZ tkudkjh ds vuqlkj Jhefr vejh ckbZ vfHk;qDr la[;k ,d QqVjey dh HkbZ jktey dh iq=h gSA ijUrq fo"ks'k tkudkjh djus ij ;g ekyqe gqvk fd QqVjey dh lxh Hkrhth ¼jktey dh iq=h½ eqyhckbZ ftldk fookg vehj ckbZ ds ifr tkaorjkt ds lkFk gksuk r; gqvk Fkk ijUrq "kknh ds dqN le; iwoZ gh eqyh ckbZ dk nsgkar gks x;k vkSj mlds Lfkku ij jktey vkfn ds lg;ksx ls tkaorjkt dk fookg vejh ckbZ ls gqvk FkkA Jh tkoarjkt ds lkFk fookg gksus ds dkj.k vfHk;qDr la[;k ,d QqVjey mldk HkkbZ jktey ,oa mlds ifjokj esa mls ¼vejhckbZ½ dks eqyckbZ ds LFkku ij viuh iq=h ds :i esa gh ekuk vkSj ;g lEcU/k jktey o QqVjey o muds ifjokj Jhefr vejh ckbZ ds lkFk "kknh ls vkt rd jgrs gSaA ml lEcU/k ds vk/kkj ij nks o'kZ iwoZ Jhefr vejh ckbZ dh iq=h ds fookg ds volj ij Jh jktey ds ifjokjokyksa us ufugky i{k dh vksjls fd;k tkus okyk ek;jk fd;k Fkk ,oa fnukad 27-4-96 dks Jhefr vejh ckbZ ds iq= ds fookg esa Hkh muds ifjokj okyksa us Hkkx fy;k Fkk rFkk ml fookg esa vfHk;qDr la[;k nks jeu vkj tSu vfHk;qDr la[;k ,d ds HkkbZ jktey dk iq= gS vFkkZr vfHk;qDR la[;k ,d QqVjey vfHk;qDr la[;k nks jeu vkj tSu dk lxk pkpk gS bldh iqf'V xzke fctkiqj dh oksVjfyLV lu~ 1981 ls gksrh gS ftldh QksVks izfr ifjokn ds lkFk izLrqr gSA mlh lEcU'/k ds dkj.k Jh QqVjey mijksDr of.kZr nqdku ds lca/k esa Jhefr vejh ckbZ dk vke eq[r;kj gSA vke eqf[r;kj ds :i esa QqVjey us nkok is"k fd;k Fkk vkSj bdjkjukek vkfn Hkh fy[ks gSA (Downloaded on 27/08/2020 at 08:40:13 PM) (36 of 54) [CRLMP-997/2020] 2- fd vfHk;qDr la[;k nks Jh jeu vkj tSu orZeku esa xqtjkr mPp U;k;ky; vgenkckn esa vfr- flfoy U;k;k/kh"k ds in ij dk;Zjr gS vkSj loS/kkfud in ij jgus ds dkj.k dkQh izHkko lEeku mls izkIr gS rFkk mldk izHkko jktdh; vf/kdkfj;ksa ij Hkh dkQh gSA vfHk;qDr la[;k rhu latho HkVV rRdkyhu le; ftykiqfyl v/kh{kd cukldkaBk ds :i esa dk;Zjr FkkA ifjoknh dks tks tkudkjh gqbZ gS mlds vuqlkj bu nksuksa ds chp vPNs ?kjsyq lEcU/k gSa Jh latho HkVV ds fo:) dbZa ekeys xqtjkr mPp U;k;ky; esa fopkjk/khu gS mlesa mls mPpind O;fDr ls lg;ksx dh vko";drk ls bUdkj ugha fd;k tk ldrkA 3- fd ikyh "kgj ds o/kZeku ekdsZV ds Hkwry ij fLFkr nqdku la[;k 6 esa nhid VsDlVkbZy ds uke ls O;kikj py jgk FkkA ftlesa ifjoknh dk HkkbZ Jh ujflag jktiqjksfgr Hkh Hkkxhnkj Fks pwafd mDr nqdku esa QeZ dh vko";drk ls vf/kd LFkku gksus ds dkj.k ujflag o eksguyky Hkxhnkj eSllZ nhid VsDlVkbZy dh vifBr ifjoknh Hkh lkFk cSBrk Fkk vkSj ifjoknh dk dk;Zy; Hkh bl nqdku esa FkkA 4- fd Jh lqesjflag ifjoknh vf/koDrk gSA ikyh esa odkykr djrk gS ftlls mldk vPNk izHkko gSA Jh lqesj flag ds }kjk nqdku dk mi;ksx izkjEHk djus ij vfHk;qDr la[;k ,d QqVjey dks ;g "kd gks x;k fd nqdku dk vkf/kiR; izkIr ldjus esa dkQh dfBukbZ gksxh pwafd eksguyky ,oa ujflag dks rax o ijs"kku djus ij QqVjey dks nqdku dk lvkf/kiR; izkIr gksuk lEHko ugha Fkk vkSj bugsa lqesjflag dk leFkZu izkIr gksus dh iqjh laHkkouk Fkh bl dkj.k QqVjey us leLr dk;Zokgh ds fy, ifjoknh lqesjflag dks gh pqukA 5- fd mijksDr of.kZDr fLFkfr ,oa mlds i"pkr gfqbZ ?kVukvksa ls ;g Li'V gksrk gS fd vfHk;qDr la[;k ,d QqVjey us nqdku [kkyh djkus ds m}s"; ls gh jeu vkj tSu ls feydj 'kM;U= fd;kA mlh 'kM;U= ds vuqlkj mDr nksuksa O;fDr;ksa us 'kM;U=iwoZd fu"p; fd;k fd ifjoknh lqesjflag dks ,uMhih,l ,DV ds >qBs eqdnesa dk Mj crkdj nqdku [kkyh djok nh tk;sxhA bl 'kM;U= dks eqrZ:i nsus ds fy, bu nksuksa O;fDr;ksa us vfHk;qDr la[;k rhu latho HkVV dks Hkh 'kM;U= esa "kkfey fd;k ,oa ;kstukc) rjhds ls bu O;fDr;ksa us vU; vfHk;qDrx.k ,oa gksVy yktoUrh ds ekfyd "kkUrhyky dks Hkh 'kM;a= esa "kkfey fd;kA 'kM;a= eds vuqlkj Jh "kkUrhyky us gksVy yktoUrh ds dejk uacj 305 esa lqesjflag dk Bgjuk crkdj mlds uke dk bUnzt fd;k QthZ O;fDr [kMk dj gLrk{kj djok;sA bl QthZ bUnzkt ls ;g crk;k x;k fd lqesjflag jktiqjksfgr o/kZeku ekdsZV ikyh dks fnukad 29-4-96 dks jkf= esa 9-40 cts Bgjuk cryk;k o lqcg 6-00 cts ikyh ls >wBk Qksu vkuk crk;k vkSj mlds vuq:i gh izdj.k ntZ fd;k x;k dejs dh ryk"kh yh xbZ ,oa /kkjk 17 ,uMhih,l ,DV esa fnukad 30-4-96 dks izdj.k ntZ fd;k x;kA ;s (Downloaded on 27/08/2020 at 08:40:13 PM) (37 of 54) [CRLMP-997/2020] leLr ifjfLFkfr;ka ;g crkrh gS fd leLr dk;Z vfHk;qDr Øe"k% ,d ls N% us 'kM;U=iwoZd fd;kA bl rjg Hkkjrh; n.M lafgrk dh /kkjk 120ch ds rgr vijk/k gS ,oa eqy vijk/k ds fy, mDr vfHk;qDrx.k nks'kh gSA 6- fd mijksDr 'kM;a=iwoZd /kkjk 17 ,uMhih,l ,DV ds rgr izdj.k ntZ fd;k x;kA mDr vijk/k ds fy, U;wure ltk nl o'kZ o vf/kdre 20 o'kZ lJe dkjkokl lghr ,oa 100000@& tqekZuk gSA bruk gh ugh /kkjk 37 ,uMhih,l ,DV ds rgr ,sls ekeys esa vfHk;qDr dh tekur Hkh ugha gks ldrh gS bl vijk/k ds fy, vfHk;qDrx.k ,d ls N% us 'kM;a=iwoZd >wBh lk{; dh jpuk dh >qBk nLrkost cuk;sA >qBs nLrkost dks lR; crkrs gq, tkucq>dj izFke lqpuk la[;k 216@96 dh ,oa >qBs izdj.k esa tkucq>dj ifjoknh dks fxjQrkj fd;k x;kA bl rjg vfHk;qDrx.k la[;k ,d ls N% us /kkjk 195] 196 lifBr /kkjk 120ch Hkknl ds rgr n.Muh; vijk/k fd;k gSA 7- fd fnukad 2 o 3 ebZ 1996 dh e/; jkf= dks ifjoknh ckiquxj foLrkj ikyh fLFkr vius edku esa lks jgk FkkA djhc 1 cts ckgj ls fdlh us odhy lkgc] odhy lkgc dh vkokt nh ,oa dkycsy ctkbZ ftls lqudj ifjoknh us mBdj njoktk [kksyk] ogka 'ij nks O;fDr [kMs feys ftUgksaus dgk fd odhy lkgc vki gh gSA rc ifjoknh us dgk gka rks mUgksaus dgk fd Fkkus pyuk gS gekjs firkth dks iqfyl us fxjQrkj dj fy;k gS rc ifjoknh us Fkkus tkus bl ij nksuks okgu Fkkus igwapsA nksuksa okgu esa cSBs lHkh O;fDr lknh Mªsl esa FksA okgu ftIlh ij ua vkj ts 27@398 dh IysV yxh gqbZ Fkh rFkk okgu fitksMs thi ij uEcj thts 8 th 1119 fy[ks gq, FksA mDr rje dh iqf'V ikyh iqfyl }kjk Fkkus ds jkstukeps dh jiV ls gksrh gSA 8- ;g fd ;gka ;g mYys[k djuk mfpr gS fd vfHk;qDrx.k Jh vkbZ0ch0 O;kl ,oa ;ksxfud ,oa vU; O;fDr;ksa us ifjoknh dks mlds ?kj ij u rks viuk ifjp; fn;k] u gh ifjoknh dk fxjQrkj djus dk dgk u gh dksbZ QnZ cukbZ xbZ u gh vijk/k dk dgk cfYd ifjoknh dh bPNk ds fo:) cy iz;ksx dj tcjnLrh okgu esa Mky fn;kA 9- fd ifjoknh dks ?kj ls ys tkrs oDr ifjoknh }kjk fpykus ij iMkSlh lqjs"k th "kekZ] dkuflag th jktiqjksfgr tx x;s Fks ftUgksus ifjoknh ds HkkbZ ujflag dks txk;k rks ujflag us Fkkus VsyhQksu fd;k ,oa odhy lkgc lksgujkth th esgrk] xkaxkflag th o vU; fj"rsnkuksa dks Qksu fd;k ftl ij dqN le; i"pkr gh Fkkus esa odhy lksgujkt th esgrk] uksykHkkbZ flU/kh] xkaxkflag jktiqjksfgr ,oa vU; lqjs"kth "kekZ] dkufdlag] ifjoknh dk HkkbZ ujflag] ekaxhyky jktiqjksfgr vkfn yksx Hkh Fkkus igwapsA tgka mDr O;fDr;ksa us ifjoknh dks Qvs cfu;ku ,oa ik;tkesa esa psgjs o ihB ij [kwu [kjkspksa ds lkFk uxsa iko gFkdMh esa ns[kkA bl ij Jheku lksgujkt esgrk ,oa uksrk (Downloaded on 27/08/2020 at 08:40:13 PM) (38 of 54) [CRLMP-997/2020] HkkbZ fla/kh 'vkos"k esa vk x;s mUgksus QksVksxzkQj ds cqykus dks cksyk ,oa ifjoknh vifBr ftlds fy, Hkh ifjoknh us euk dj fn;k] brus esa gh bu nksuksa O;fDr;ks uas tcju iqjk njoktk [kksydj vUnj ?kql dj ifjoknh dks idM fy;k rHkh ifjoknh ds edku ds mRrj fn"kk esa fLFkr NksVh QkVd [kksydj 5&6 O;fDr vUnj vk;s tks ckm.Mjh ckjh ds vUnj ls ifjoknh dks mBk fy;k ftldk ifjoknh us tksjnkj fojks/k fd;k rks ifjoknh ds lkFk ekjihV dh ifjoknh dh cfu;ku QV xbZ ckn esa gqbZ tkudkjh vuqlkj ?kj ds vUnj ?kqlus okys Jh vkbZ ch O;kl] ;kxfud ,oa vU; 5&6 O;fDr FksA ftUgsa ifjoknh "kDy ls tkurk gSA ifjoknh dks mBkdj ckgj [kMh ftIlh ftl ij iaft;u Øekad vkj ts 27@398 vafdr Fks esa Mky fn;k rc ifjoknh fpYYk;k rks ifjoknh ds eqag esa diMk Mky fn;k ml le; ifjoknh uaxs dsoy cfu;ku o ik;tkek esa gh Fkk ftIlh ysdj T;ksa gh ckiquxj foLrkj esa fLFkr Ldqy ds ikl x;s fd ogka ls ,d vU; fitkMs thi thts 8 th 1119 Hkh ftIlh ds lkFk gks xbZ rHkh lkeus jksM ij ikyh iqfyl dh x"rh thi fudyrh gqbZ fn[kkbZ nhA ftlesa ikyh dksrokyh Fkkuk ds ,,lvkbZ Jh xksekjke cSBs Fks ftUgsa ifjoknh igpkurkgS ftUgsa ns[kdj ifjoknh us eqag ls diMk fudky dj cpkvks cpkvks dh vkokt dh ftl ij ikyh 'iqfyl dh x"rh thi eqMdj ftIlh dk fiNk djus yxh ,oa e:/kj gksVy ds ikl vksojVsd dj ftIlh ,oa nqljh thi dks :dok;k x;k rc rd ifjoknh ds gFkdM+h yxk nh FkhA ikyh iqfyl us nksuksa okgu dks :dok;k ,oa iqNrkN dh rks mu O;fDr;ksa us vius vkidks dks xqtjkr iqfyl dk gksuk crk;kA rc Jh xksekjke th , ,l vkbZ iqfyl Fkkuk dksrokyh ikyh us lcdks Fkkus pyus dk funsZ"k fn;kA fd rgr ekeyksa dk bl dkj.k vfHkHkk'kdksa ds ikl bl vk"oklu ij fo"okl djus ds vykok dksbZ pkjk ugha FkkA ftldks mUgksaus izfrjks/k ugha fd;k ysfdu odhy Jh xaxkflag dks lkFk ys tkus dk dgk bl vfHk;qDr vkbZ ch O;kl us okguksa esa txg dh deh crkdj bUdkj dj fn;k bl ij vU; okgu dh O;oLFkk dj Jh xaxkflag vfHkHkk'kd Jh ujflag] egsUnz dkadfj;k] gfjflag tkxjoy] ve`rflag] iqjeflag dh thi ls iqdfyl okgu ds lkFk jokuk gq,A 10- fd Lfkkuh; Fkkukf/kdkjh Jh jkds"k iqjh us vfHk;qDr vkbZ ch O;kl ls dgk fd vki ifjoknh dks ;gka ls fcuk fxjQrkj fd;s ys tk jgsd gks rks fyf[kr esa nks ftl ij vfHk;qDr vkbZ ch O;kl }kjk ,d i= fy[kdj Fkkukf/kdkjh dks lqiqnZ fd;k x;kA Fkkukf/kdkjh }kjk bl ekeys dh jktukeps esa jiV Mkyh xbZA 11- fd xka/kh vksVkseksckbZYl ikyh ij nksuksa xkfM;ksa esa fMty Hkjok;k x;k tgka ls fcy dVokrs oDr ftIlh 'dk fcy vfHk;qDr la[;k 4 us Mh,lih ch ds thtks 1024 ds uEcj ls fy;k tcfd ftIlh ij uacj IysV vkj ts 27@398 dh yxh gqbZ Fkh ftldh (Downloaded on 27/08/2020 at 08:40:13 PM) (39 of 54) [CRLMP-997/2020] iq'Vh iqfyl Fkkuk dh yxh jiV ls gksrk gS Mh,lih ch ds dk vFkZ fMfLVDV lqfizMsUVsUV vkQ iqfyl cukl dkaVk gSA 12- fd ifjoknh dks vfHk;qDr vkbZ ch O;kl o vU; lg;ksxh vfHk;qDrx.k }kjk ikyuiqj ys tk;k x;k A tgka ifjoknh dks rRdkfyu ftyk iqfyl v/kh{kd ikyuiqj vfHk;qDr Jh latho HkVV ds le{k izLrqr fd;k x;kA ftUgksus dgk fd rqEgkjs ikyh esa o/kZeku ekdsZV dh nqdku dk D;k yQMk gS nqdku [kkyh dj nks vU;Fkk "ks'k vQhe dh fjdojh ifjoknh ls crk nh tkosxh ,oa gksVy okys ls igpku djok nh tk;sxh ftlls ifjoknh dh tekur Hkh ugha gksxh ,oa bl ekeys esa vfHk;qDr la[;k nks vkj vkj tSu ds iz;kl ls ifjoknh dks gkbZdksVZ esa Hkh tekur ugha gksxh D;ksafd vfHk;qDr la[;k nks dk bl ekeyksa ls iqjk bUVªsLV gSA mDr ckr ifjoknh us ekSdk feyrs gh ifjoknh ds lkFk vk;s HkkbZ ujflag dks crkbZ ftUgksasus ikyh ifjoknh ds cMs HkkbZ Jh j?kqukFkflag dks Qksu ij crkbZA 13- fd ifjoknh ik{k ,ao vfHkHkk'kdksa dks bl laca/k esa la;e ls dk;Z ysuk iMk D;ksafd bl lEHkkouk ls bUdkj ugha fd;k tk ldrk fd vfHk;qDr Jh lath HkVV ifjoknh ls >qBh cjkenxh crkrs gq, >qBh lk{; bdVBh dj ysos bu ifjfLFkfr;ksa esa nqdku [kkyh djus dk izLrko Lohdkj djus ds vykok dksbZ fodYi ifjoknh ds ikl ugha FkkA 14- ;g fd blh chp Jh ukjk;.kflag fuoklh [kkjkcsjk us ifjoknh ds HkkbZ Jh j?kqukFkflag dk lEidZ gqvk vkSj mus ek/;e ls gh j/kqukFk flag us vfHk;qDr la[;k ,d QqVjey ls mlds ?kj ij fnukad 4-5-96 dks ckr dh rc QdqVjey us dgk fd nqdku [kkyh dj lqiqnZ dj ,oa eqy fdjk;snkj eksdguyky ls LvkEi ij ,xzhesaV fy[kkdj nsos rks ifjoknh dks NqMk fn;k tk;sxkA vU;Fkk lqesjdflag ugha NqV ldrk gSA bl laca/k esa "kadk tkfgj djus ij vfHk;qDr QqVjey us mlh le; mlds VsyhQksu uacj 220860 ls dkWuQzsl flLVe ls ifjoknh ds HkkbZ o ukjk;.kflag th ds lkeus ikyuiqj dj QksVks [khpokus dk dgk bl ij vfHk;qDr vkbZ ch O;kl us gFkdMh [kksy nhA bl chp ifjoknh ds HkkbZ us ?kj ls diMs yk;sA ifjoknh us Fkkus esa iguk Fkkus esa leLr yksxksa dks vfHk;qDr vkbZ ch O;kl us crk;k fd Jh lqesj fla ds fo:) ikyukiqj esa ,uMhih,l ,DV dk eqdnek gS bl dkj.k tkap dsf y, ys tk jgsd gSA vfHk;qDr vkbZ ch O;kl us crk;k fd fnukad 30-4-96 dks ikyuiqj esa vQhe cjken fd;k ml gksVy esa Jh lqesjflag ifjoknh us fnukad 29-4-96 dks 9-40 ih,e ij dejk fy;k Fkk ftl ij Fjh lksgujkt esgrk o xaxkflag us dgk fd ifjoknh ikyh gh Fkk fnukad 30- 4-96 dks lqcg % 30 cts gesa dpgjh esa feyk FkkA Jh Xxkflag us dgk fd fnukad 29- 4-96 dks Hkh "kke dks ifjoknh mls feyk FkkA budk Li'V dguk Fkk fd lqesjflag 29 o 30 vizsy dks ikyh esa gh FkkA ikyuiqj esa gksus dk iz"u gh iSnk ugha gksrk gS ;g Hkh dgk x;k fd ikyuiqj ikyh ls djhc 250 fdyksehVj nwj gSA tgka ls vkus tkus (Downloaded on 27/08/2020 at 08:40:13 PM) (40 of 54) [CRLMP-997/2020] esa de ls de 10 ?k.Vs yxrs gS D;ksafd jkLrk [kjkc gS o p<kbZ vkfn Hkh gSA ftlls lqesjflag ds ikyuiqj tkus dk ,oa vkus dk iz"u gSA iSnk gh ugha gksrk gS ds"k Mk;jh ds laca/k esa iqNus ij vfHk;qDr vkbZ ch O;kl us dgk fd og rks U;k;ky; esa Hksth xbZ gSA vfHk;qDr vkbZ ch O;kl us ogka mifLFkr yksxksa dks fo"okl fnyk;k fd lqesjflag dks iqfyl v/kh{kd latho HkVVk ikyuiqj ls feyokdj tkap dj ysxsa ,oa og funksZ'k lkfcr gks tk;sxkA pwafd ,uMhih,l ,DV vfHk;qDr la rhu latho HkVV ,oa vgenkckn vfHk;qDr la nks Jh jeu tSu ls VsyhQksu ij okrkZ dhA vfHk;qDr QqVjey us mDr VsyhQksu uEcj 20860 ls lEHkor;k 22460 Vkok 20349 ij VsyhQksu yxkdj ikuyiqj o vgenkckn ckr djkus dks dgk Fkk rFkk ikyuiqj vgenkckn ds uEcj Qksu ij uksV djok;s FksA mij fy[ks nksuksa VsyhQksu uEcj nks ,lVhMh ihlhvks ds dkuQzal flLVe ls ckr djkus ds gSA buds ,lVhMh ihlhvks ds uEcj Øe"k% 24008 ,oa 24056 gSA mDr nksuksa LFkku ij vfHk;qDr QqVjey us crkdj ifjoknh ds HkkbZ dks crk;k fd vfHk;qDr Jh jeu tSu us dgk fd 5-00 :i;s ds LvkEi ij eksguyky nqdku [kkyh djus dk ,xzhesaV fy[kdj nsos ,oa nsdku [kkyh djus ij gh ifjoknh dks NqMkus dh dk;Zokgh dh tk;sxh ,oa vfHk;qDr latho HkVV uas dgk fd vkt vxj 1-30 ih,e rd jkthukek ugha gksrk gS rks ifjoknh dks U;k;ky; esa is"k dj iqfyl fjek.M fy;k tk;sxkA vU;Fkk mls fjgk dj fn;k tk;sxkA 15- fd bl ij j?kqukFkflag us bl lca/k esa xkjUVh ds laca/k esa dgkA vUrr% ;g r; gqdvk fd nqdku [kkyh djokdj pkfc;ka ,oa eksguyky }kjk fu'ikfnr ,xzhesaV e/;LFk ukjk;.kflag th [kkjkcsjk ,oa lksgujkt ukgj ds ikl jgsxsaA ifjoknh ds NqVus ij ,oa eqdnek lekIr gksus ij ;g e/;Lfk pkch;ka ,oa ,xzhesaV QqVjey dks lqiqnZ djsaxsA vU;Fkk pkafc;k ,oa ,xzhesaV iwu% eksdguyky dks lqiqnZ dj ;s tkosaxsA 16- fd mlh le; Jh j/kqukFk flag us 5 :i;s dk LVkEi eaxokdj QqVjey dks fn;k ftl ij vfHk;qDr QqVjey us ,xzhesaV VkbZi djok;k ,oa Jh j/kqdukFk flag dks eksguyky ds gLrk{kj gsrq fn;kA 17- fd ftl ij fnukad 4-5-96 dks QqVjey vfHk;qDr ds ikl eksguyky dk Qksu vk;k ftlus QqVjey ls dgk fd og rks vius vfHkHkk'kd lqesjey th ls feyus ds iwoZ ,oa mldh lykg ds fcuk dksbZ dk;Zokgh ugha djsxkA ;g lwpuk Jh eksdguyky us lqesjey th dks nhA ;gka vPNk ekSdk tkudkj Jh lqesjey th us okrkZ Vsi djus dh O;oLFkk dj nhA Jh QqVjey vfHk;qDr ls okrkZ djus ds fy, Qksu yxkdj ckr dhA Jh QqVjey vfHk;qDr ls okrkZ djus ds fy, Qksu yxkdj ckr dhA Jh lqesjey th us QqVjey dk fgrs"kh cudj okrkZ dh mDR okrkZ ls ;g Li'V gks x;k fd nqdku [kkyh dj ,oa eksguyky dk ,xzhesaV dj e/;LFkksa dks lqiqnZ djus dh fLFkfr esa Jh (Downloaded on 27/08/2020 at 08:40:13 PM) (41 of 54) [CRLMP-997/2020] jeu vkj tSu vfHk;qDr la[;k nks ifjoknh dks NqMk ysxkA QqVjey viuk buoksyesUV cpkrs gq, ckr djus dh dksf"k"k dj jgk FkkA 18- fd QqVjey vfHk;qDr ls ,xzhesaV foys[k izkIr djus ds i"pkr gh j/kqukFk flag us eksdguyky th dks <wda<k ysdu eksguykyth ugha feysA blh chp Jh j?kqukFkflag dks lwpuk feyh fd lqesjflag U;k;ky; esa izLrqr dj fn;k gSA ,oa iqfyl fjek.M dh ekax dh gS ftl ij iwu% j?kqukFkflag }kjk QqVjey ls lEidZ fd;k x;k bl ij QqVjey us iwu% vfHk;qDr latho HkVV ls VsyhQksu ij dkUQzsl flLVe ls ,lVhMh ls ikyuiqj ckr dh ,oa ckr djds ifjoknh ds HkkbZ j/kqukFkflag dks dgk fd ifjoknh dks U;k;ky; esa is"k rks dj fn;k gS ijUrq jkthukek gksus dh lwjr esa fnukad 6-5-96 lkseokj dks ifjoknh dks /kkjk 169 ds rgr fjgk djok fn;k tk;sxkA ;gka ;g Hkh mYys[k djuk mfpr jgsxk fd ifjoknh dk fnukad 3-5-96 dks 1-30 cts ih,e ij fxjQrkjh crkbZ xbZ Fkh] ysfdu fnukad 4-5-96 rd Hkh igpku ijsM ugh djokbZ xbZ Fkh u gh ifjoknh dks ckinkZ j[kk x;k FkkA 19- fd fnukad 5-5-96 dks Jh eksguyky us bdjkjukek ij gLrk{kj djus ls iwoZ ,xzhesaV ds laca/k esa QqVjey }kjk Hkh fyf[kr esa nsus dks dgk x;kA vU;Fkk bdjkjukek ij gLrk{kj djus ls euk dj fn;k bl ij vfHk;qDr QqVjey us vius iq= ls fy[kr fy[kokdj gLrk{kj vxqa'Bk fu"kku fd;sA ekSdk ns[kdj Jh j/kqukFkflag }kjk bu foys[kksa dh QksVks izfr;ka djok nh tks ifjoknh ds ikl miyC/k gSA 20- fd rRi"pkr fnukad 5-5-96 dks gh ifjoknh ds cMs HkkbZ Jh j/kqukFkflag] vfHk;qDr QqVjey] lksgujkt ukgj] ukjk;.k flag dkj }kjk ikyuiqj x;s tks "kke dks 8-00 cts ikyuiqj igwaps ,oa ogka ij vfHk;qDr Jh vkbZ ch O;kl ls feys rc vfHk;qDr QqVjey us dgk fd jkthukek gks x;k gSA vc vki lqesjflag dks NqMkus dh O;oLFkk djksA QqVjey us ;g Hkh dgk fd vfHk;qDr jeu tSu ,oa latho HkVV ls mlus ckrdj yh gSA blij vfHk;qDr vkbZ ch O;kl us dgk fd igys gh jkthukek dj ysrs rks fxjQrkjh gh ugha crkrs] mlds i"pkr vfHk;qDr vkbZ ch O;kl us vfHk;qDr izoh.k dks funsZ"k fn;k fd QqVjey] lksgujkt ds c;ku ys ftl ij buds c;ku fy;s x;s mlds i"pkr leLr O;fDr gksVy fot; xsLV gkml ikyuiqj esa Bgjs ftlesa dejk uacj 11 esa QqVjey] eksgujke] ukjk;.kflag Bgjs FksA 21- fd fnukad 5-5-96 dks gh vfHk;qDr la[;k ,d QqVjey] lksgu th ukgj] xaxkflag th o ifjoknh ds HkkbZ Jh j/kqukFkflag us ,lVhMh cqFk ls vfHk;qDr Jh jeu vkj tSu ls vgenkckn VsyhQksu ij ckr dh ml le; ikyuiqj ls vfHk;qDr la[;k nks Jh jeu tSu dks crk djus okys QqVjey] lksgujkt ukgj] xaxkflag ,oa Jh j?kqukFk dh ckrphr dks Jh j?kequkFkflag }kjk fjdkfMZax dj nh xbZA bl okrkZ ls Li'V gS fd vfHk;qDr Jh jeu vkj tSu us fnukad 6-5-96 dks tekur ij ;k /kkjk 169 n.M (Downloaded on 27/08/2020 at 08:40:13 PM) (42 of 54) [CRLMP-997/2020] izfØ;k lafgrk ij ifjoknh dks fjgk djokus dk vk"oklu fn;k gS vkSj ;g vk"oklu nqdku [kkyh djus ds ,xzhesaV ds dkj.k fn;k gSA ,xzhesaV dh izfr iqfyl dks Hkh nsus ls euk djus dk Li'V dFku gSA 22- fd fnukad 6-5-96 dks vfHk;qDr vkbZ ch O;kl us ifjoknh ds HkkbZ Jh j/kqukFkflag dks funsZ"k fn;s fd ikyh ls 4&5 xokgku dks cqykvksa rkfd muds c;ku fy;s tkdj ;g Li"V fd;k tk lds fd ifjoknh okLro esa ?kVuk dh frfFk ,oa vklikl ikyh esa gh FkkA blh ds lkFk ifjoknh dh igpku ijsM djokbZ tks u rks gksuh Fkh o u gh gqbZ ¼;gka ;g Hkh mYysf[kr gS fd fnukad 3-5-96 ls igpku ijsM djokus rd ifjoknh dks cinkZ ugha j[kk x;k Fkk½] rRi"pkr /kkjk 169 n-iz-la- ds vUrxZr U;k;ky; esa izkFkZuk i= mlh fnu izLrqr dj fn;k ysfdu vij ls"ku U;k;k/kh"k egksn; us ;g dgrs gq, vkns"k ugha fn;k fd lEcfU/kr fof"k'B U;k;k/kh"k gh vkns"k nsxsa ,oa ifjoknh dks U;kf;d fgjklr esa Hkst fn;k rFkk ifjoknh dh vksj ls mlh fnu is"k tekur izkFkZuk i= dks fnukad 8-5-96 dks lquokbZ gsrq j[k fn;k x;kA fnukad 7-5-96 dks okil vfHk;qDr QqVjey us vfHk;qDr Jh jeu tsu ls VsyhQksu ij ckrphr dh rc vfHk;qDr jeu tSu us dgk fd fnukad 8-5-96 dks ifjoknh vo"; NqV tk;sxkA bldh lkjh O;oLFkk vfHk;qDr Jh jeu tSu us dj nh gSA 23- fd vfHk;qDr vkbZ ch O;kl ds funsZ"kkuqlkj ifjoknh ds HkkbZ us ikyh ls vfHkHkk'kd ih,e tks"kh] vfHkHkk'kd jkes"oj ikjhd] egsUnz dkadfj;k] euksgj flag] lEirth fla?koh ls lEidZ dj c;kuksa gsrq ikyuiqj igwapus dk fuosnu fd;k mDr O;fDr Jh jk/kkfd"ku cksgjk] ,oa Jh ctjaxyky ckMesjk ,oa Jh ikjeeyth esgrk vfHkHkk'kdx.k ds lkFk fnukad 8-5-96 dks ikyuiqj igwaps tgka izkr% 10-30 ,,e ij muds c;ku ysuk izkjEHk fd;k] c;ku yxHkx 12-30 ih,e rd ys[kc) fd;s tkrs jgs] blh chp vij ls"ku U;k;k/kh"k us ifjoknh dks ek= 10000 :i;s ds O;fDrxr eqpyds ij fjgk djus dk vkns"k fn;kA ftUgksaus fnukad 6-5-96 dks tekur izkFkZuk i= ij ,oa /kkjk 169 n0iz-la esa izkFkZuk i= ij lquokbZ ls euk dj fn;k FkkA rRi"pkr ifjoknh dks fnukad 11-5-96 dks fof"k'B U;k;k/kh"k ikyuiqj }kjk fMLpktZ fd;k x;kA fnukad 8-5-96 dks ifjoknh fjgk gksus ds ckn fot; xsLV gkml vk;k ogka ij QqVjey us pkafc;k ,oa ,xzhesaV gsrq tt lkgc ls ckr djus dks dgk ftl ij fnukad 8-5-96 dks "kke dks ,lVhMh cqFk ls VsyhQksu ij vfHk;qDr la[;k ,d QqVjey odhy Jh xaXKFLAG TH ,OA LKSGUJKT TsU] Jh latho HkVV] Jh lvkbZ ch O;kl ,oa Jh ;kxfud us ikyh fLFkr mDr nqdku dks voS/kk'fud :i ls [kkyh djokus dh fu;r ls ifjoknh dks ,uMhih,l ,DV ds rgr QdthZ eqdnesa esa fxjQrkjh dj ncko Mkyus ds fy, vkijkf/kd 'kM;U= jpk vkSj ml 'kM;U= dks eqrZ:i nsus ds fy, mDr vfHFk;qDr O;fDr;ksa ;k buesa ls fdlh Hkh O;fDR us vQhe dh O;oLFkk dh rFkk gksdVy (Downloaded on 27/08/2020 at 08:40:13 PM) (43 of 54) [CRLMP-997/2020] yktoUrh ds ekfydksa dks 'k;U= esa "kkfey djds :e uacj 305 ds laca/k esa jftLVj esa QthZ bUnzkt fd;kA QthZ gLrk{kj fd;s rFkk bl dejs esa vQhe j[khA mlds i"pkr QthZ lwpuk ds vk/kkj ij ;k QqVjey vfHk;qDr }kjk Hksth xbZ lwpuk ds vk/kkj ij izdj.k ntZ fd;k x;kA bl rjg ;g /kkjk 17] 58 ¼1½] ¼2½ ,uMhih,l ,DV lifBr /kkjk 120 ch] 388 Hkknal ds rgr vijk/k gSA vk- fd fnukad 2 o 3 ebZ 1996 dks e/; jkf= esas cy iz;ksx djus dh rS;kjh djds flfoy Msl esa vfHk;qDr vkbZ ch O;kl ,oa Jh ;kxfud ,oa vU; O;fDr ifjoknh ds ? kj esa /kqls ,oa ifjoknh ds lkFk ekjihV dh] fijoknh dks mlh bPNk ds fo:) mlds lkFk cy iz;ksx djds tcjnLrh mBkdj QthZ uacj IysVs yxs okgu esa Mkydj ys x;s ;g lc lEifr izkIr djus ds m}s"; dh iqfrZ ds fy, fd;k ,oa okgu ftIlh vkj ts 27@398 ij QthZ uacj IysV yxkbZ ,oa pqipki ys tkus dh dksf"k"k dhA vU; vfHk;qDrx.k fof/k fo:) teko ds lnL; Fks bl dkj.k bu leLr vfHk;qDrx.k us /kkjk 342] 347] 357] 365] 388] 458 lifBr /kkjk 149] 120 ch Hkknal ds rgr vijk/k A us vgenkckn vfHk;qDr jeu vkj tSu ls ckr dhA rc vfHk;qDr Jh jeud vkj tSu odhy xaxkflag dks rqjUr ,xzhesaV] pkfc;ka e/;Lfkksa ls QqVjey dks fnykus gsrq dgk ysfdu Jh xaxkflag th us dgk fd tc rd eqdnesa esa ,Q vkj U;k;ky; ls eatqj ugha gks vFkok ifjoknh dks fMLpktZ ugha fd;k tkrk rc rd pkch;ka o ,xzhesaV ugha fn;s tk ldrs gSaA U;k;ky; }kjk vkns"k gksus ij pkch;ka o ,xzhesaV nsus dh xkjUVh odhy Jh xaxkflag th us nhA 24- fd fnukad 15-5-96 dks Jh ukjk;.k flag th odhy xaxkflag ds ?kj vk;s o dgk fd ifjoknh dks fMLpktZ dj fn;k gSA tt lkgc vkj vkj tSu dk Qksu vk;k gSA rc odhy Jh xaxkdflag us dgk fd vHkh rd gekjs ikl dksbZ vkns"k ugha vk;k gS rc rd ge dSls eku ys rc ukjk;.kflag us odhy Jh xaxkflag dks dgk fd vki vfHk;qDr jeu vkj tsu ls ckr djys rc odhy dks e/;Lfk Jh ukjk;.kflag] lksguth 'ukgj] ds ?kj ys x;s tkga ls lksguth us dkuQzsal flLVe ls VsyhQksu ij odhy Jh xaxkflag th o vfHk;qDr jeu vkj tSu us fMLpktZ vkns"k VsyhQksu ij odhy xaxkflag dks i<dj lquk;k ,oa pkch;ka o ,xzhesaV rqjUr e/;LFkksa ls QqVjey dks lqiqnZ djus dks dgk ftl ij odhy Jh xaxkflag us ukjk;.kflag o lksgujkt dks pkch;ka o ,xzhesaV QqVjey dks nsus gsrq funsZ"k fn;k ftl ij pkch;ka mlh fnu QqVjey dks lqiqnZ dj nh xbZ rFkk mlh fnu nqdku ij QqVjey us nqdku ekyfdu vejh csu tsorjkt chtkiqj ds uke dyj ls fy[kok;kA 25-¼v½ fd mijksDr of.kZr ifjfLFkfr;ksa ls Li'V gS fd vfHk;qDr QqVjey] Jh jeu vkj tSu] okgu ftIlh 'ij vkj ts 27@398 QthZ uEcj IysV yxkdj okgu dk mi;ksx fd;k tks Hkknal dh /kkjk 482 ds rgr n.Muh; vijk/k fd;k gSA (Downloaded on 27/08/2020 at 08:40:13 PM) (44 of 54) [CRLMP-997/2020] ¼bZ½ pwafd ;g leLr dk;Zokgh vijkf/kd 'kM;U= dh ikyuk esa dh xbZ gS blfy, /kkjk 120ch ds izko/kkuksa ds vuqlkj lHkh vfHk;qDrx.k leLr vijk/kksa ds fy, mrjnk;h gSA 26- fd leLr vijk/k ,d Ja[kyk ds :i gS ,oa indzek"k 25 ¼vk½ esa of.kZr vijk/k ikyh esa ?kfVr gqvk gS bl dkj.k /kkjk 178 nizla ds vuqlkj bl ekeys esa tkap dk vf/kdkj ikyh fLFkr U;k;ky; dks Hkh gSA 27- fd fdlh Hkh vfHk;qDr }kjk vius fof/kd drZO; fuokZgu esa lnHkkoukiwoZd dksdbZ dk;Z ugha fd;k x;k gSA leLr dk;Z 'kM;U=iwoZd fd;k x;k gSA ikyh esa QthZ uEcj IysV yxkdj flfoy Mªsl esa LFkkuh; iqfyl dks lqfpr fd;s fcuk tcjnLrh cy iz;ksx dj ifjoknh dks ?kj ls ys tk;k x;k gSA bu ifjfLFkfr;ksa esa bu dk;kZsa dks fdlh :i esa drZO; fuokZg ds fy, fd;k tkuk ugha dgk tk ldrk gSA 28- fd ;gka ;g Hkh mYys[k djuk mfpr jgsxk fd fnukad 28-4-96 dks ifjoknh rglhy tSrkj.k ftyk ikyh esa Jh fd"kuflag jktiqjksfgr fuoklh ckjok rglhy ckyh ftyk ikyh ds yMds dh "kknh esa x;k gqvk FkkA fnukad 29-4-96 dks lka;dky 7 cts ls 9&10 cts rd ifjoknh ikyh esa fLFkr nqdku uacj 6 o/kZeku ekdsZV ikyh esa cSBk Fkk tgka ij egsUnzth dkadfj;k] ,e tks"kh ,MoksdsV] jes"k pUn th ikjhd ,MoksdsV] euksgj flag th jktiqr fuoklh ekfl;k rglhy ikyh vk;s FksA ,oa mlh fnu "kke dks 5&6 cts ifjoknh ls ekaxhyky th jktiqjksfgr fuoklh ck[kk gky ikyh ,oa lEir flag th] xaxkflag th odhy lk{; vkfn Hkh feys FksA fnukad 30-4-96 dks ifjoknh lqcg 7-30 cts U;k;ky; esa igwap x;k Fkk tgka ij fofHkUu vfHkHkk'kdksa ls feyk Fkk rFkk fof"k'B U;k;k/kh"k ikyh ¼vuq- tkfr tu tkfr vR;kpkj fuokj.k U;k;ky;½ esa ljdkj cuke :ik 'oxSjk mifLFkfr nh Fkh ftlesa eqyfteku ds tekur eqpyds ,oa gktjh ekQh is"k fd;s FksA vizSy 1996 ls tqu 1996 rd jktLFkku esa U;k;ky;ksa dk le; lqcg 7-30 cts ls 12-30 cts rd jgrk gSA 29- fd ifjoknh dk fuokl ;k dk;ZLFky dHkh Hkh ikyuiqj ugha jgk u gh ifjoknh fnukad 3-5-96 ls iwoZ dHkh Hkh ikyuiqdj x;k ,oa u gh ifjoknh dks xqtjkrh Hkk'kk vkrh gSA 30- fd ;|fi ;g ?kVuk fnukad 29-5-96 dh e/;jkf= Fhkh gS vkSj ifjoknh fnukad 8-5-96 dks fjgk gqvk gS mlds i"pkr ifjoknh dkQDh le; rd vR;f/kd ekufld ruko esa jgk mlh cph vfHkHkk'kd e.My ikyh }kjk vkUnksyu izkjEHk fd;k tk pqdk FkkA vfHkHkk'kd e.My ikyh ,oa ckj dksafly vkQ jktLFkku }kjk Hkh bl ekeys dks xaEHkhj :i ls vkUnksyu izkjEHk dj fn;k x;k FkkA bl laca/k esa ekuuh; eq[; U;k;k/khifr loksZPp U;k;ky; ubZ fnYyh v/;{k] ekuokf/kdkj vk;ksx ubZ fnYyh] eq[; U;k;k/kh"k mPp U;k;ky; jktLFkku ,oa xqtjkr egkfuns"kd iqfyl jktLFkku ,oa xqtjkr] eq[;ea=h egksn; ,oa xqtjkr ,oa fofHkUu vf/kdkfj;ksa dh ?kVuk dk izfrosnu e; leLr nLrkostkr ds Hksts x;s FksA Hksts x;s izfrosnuksa esa tkap djokus dh ekax dh (Downloaded on 27/08/2020 at 08:40:13 PM) (45 of 54) [CRLMP-997/2020] ijUrq vc rd dgh ls Hkh tkap ugha lkSih xbZ gSA bu ifjfLFkfr;ksa esa bls iwoZ ;g ifjokn is"k ugha fd;k x;kA 31- fd inla[;k 30 esa ntZ vf/kdkfj;ksa dks Hksts x;s izfrosnuksa ds vk/kkj ij fof/k vuqlkj izdj.k ntZ gks tkuk pkfg, Fkk ysfdu izdj.k ntZ ugha gqvk] blfy, ;g ifjokn ekuuh; U;k;ky; dsk le{k izLrqr gSA vr% ifjoknh ;g ifjokn izLrqr dj fuosnu djrk gS fd bl ifjokn ij izdj.k iaftd`r djus ds funsZ"k fn;s tkdj egkfuns"kd iqfyl jktLFkku Lrj ds O;fDr ;k dsUnz tkap C;wjks ls tkap djokus ds funsZ"k fn;s tkosA ,oa le;c) lwpuk U;k;ky;
esa izLrqr djus ds funsZ"k fn;s tkosA bfr fnukad ,lMh@& ifjokn U;k;ky; ds {ks=kf/kdkj dk gS U;k;ky; "kqYd iw.kZ gSA 17-10-96 % izLrqrdrkZ Jh lqesjflag ,MoksdsV ifjokn ds lkFk,d ifjf"k'V ftlesa nLrkostkr ,oa ,d fyQkQk ftlesa nks vkfM;ksa dSlsVl is"k gSA vkns"k vyx ls fn;k x;kA ,lMh@& 17-10-96 % Jh lqesjflag ,MoksdsV us ,d ifjokn vUrxZr /kkjk 120 ch] 195] 196] 342] 347] 357] 368] 388] 458] 482 vkbZihlh ,oa lsD"ku 17] 58 ¼1½¼2½ ,uMhih,l ,DV esa is"k fd;kA ifjoknh ds lkFk ,d ifjf"k'B ftlesa dqy 94 ist ds nLrkost is"k fd;s nLrkost ih 94,d Hkwjs jax dk fyQkQk gS ftlesa nks Audio Cassettes T Series HF 90 The Phicocoplay of Excellence ekdZ dh is"k dh gSA ifjokn dk voyksdu fd;k ifjokn esa of.kZr rF;ksa dks ns[krs gq, ifjokn okLrs tkap vUrxZr /kkjk 156¼3½ lhvkjihlh ds vkj{kh dsUnz dksrokyh ikyh dks izsf'kr fd;k tkrk gS tks fof/k vuqlkj izdj.k ntZ djs ckn tkap fjiksVZ U;k;ky; dks izsf'kr djs ifjokn esa of.kZr rF;ksa ,oa ifjfLFkfr;ksa dks ns[krs gq, vkns"k fn;k tkrk gS fd izdj.k ntZ djus ds ckn bldh tkap egkfujh{kd iqfyl ds Lrj ds uhps ds fdlh vf/kdkjh ds }kjk ugh dh tkosxhA tkap fjiksVZ fnukad 16-11-96 dks is"k dh tkosA ,lMh eq[; U;kf;d eftLVªsV] ikyhA uksV % ifjokn ds layxu dslsV nksuksa U;k;ky; dh eqnzk ls "khy kdh xbZ gS rFkk dslsV ij U;k;ky; gktk dh gLrk{kfjr Lyhi fpidkMZ gS U;k;ky; dh eqanzk, uhps vafdr gSA ,lMh@& ih,l dksrokyh ikyh fnukad 18-11-96 le; 11 ,,e 1- izkFkhZ Jh lqesjflag firk fpeuflag jktiqjksfgr is"kk odhy fuoklh 468 ckiquxj foLrkj ikyh }kjk ;g bLrxklk Jheku lhts,e lkgc ikyh ds U;k;ky; esa is"k fd;k gqvk vUrxZr /kkjk 156¼3½lhvkjihlh ds Fkkuk gktk ij fnukad 17-10-96 oDr 6-45 ih,e lij tfj;s Mkd izkIr gqvkA (Downloaded on 27/08/2020 at 08:40:13 PM) (46 of 54) [CRLMP-997/2020] 2- eu fujh{kd iqfyl Fkkukf/kdkjh dksrokyh ikyh us bLrxklk dk v/;;u o voyksdu dh lwph d-la- 2 ij Jh jeu vkj tSu iq= jktey th iksjoky tSu fuoklh chtkiqj ih,l ckyh ftyk ikyh gky vfrfjDr tt xqtjkr mPp U;k;ky; vgenkckn ds uke mYysf[kr i;k x;kA 3- ;g fd pwfa d ds ohjkLokeh cuke ;qfu;u vkQ bf.M;k fØehuy vihy la[;k 400@1979 tks fnukad 25-7-91 dks fuf.kZr gqbZ gS tks lhvk,yvkj@,llh@1991 ds ist ua 67742 iSjk uacj 43 ds vuqlkj ekuuh; mPp U;k;ky; ds fdlh Hkh U;k;k/kh"k egksn; ds f[kykQ eqdnek ntZ djus ls iwoZ funsZ"k fn;s x;s gSa bl gsrq jiV jkstukepk vke esa jiV la[;k 842 fnukad 17-10-96 oDr 6-45 ih,e ij bLrxklk izkIr gksrs gh ntZ dh xbZA 4- ;g gS fd blh izdj.k ds vuqØe esa lgk;d funs"kd vfHk;kstu ikyh ls Rofjr xfr ls jk; izkIr dh tkdj funsZ"kkuqlkj ls"ku U;k;ky; ikyh esa fuxjkuh ;kfpdk fo:) vkns"k lhts,e lkgc ikyh ds nk;j dh xbZA 5- ;g gS fd ekuuh; vij ls"ku U;k;k/kh"k ikyh us fnukad 15-11-96 dks nkf.Md fuxjkuh la[;k 24@96 bl izdj.k ds lanHkZ esa fuf.kZr dh gS ftlds iSjk uacj 14 esa mYys[k gS fd esjh jk; esa gLrxr izdj.k esa Jh jeu vkj tSu ekuuh; U;k;kf/kifr mPp U;k;ky; xqtjkr ds fo:) izLrqr fd;k x;k bLrxklk vkSj ml ij ntZ gksus okyh izFke lwpuk fjiksVZ ds fy, ekuuh; mPpre U;k;ky; ds eq[; U;k;kf/kifr egksn; ls iwoZ fopkj djuk vko";d ugha gS rFkk iSjk uacj 21 esa mYys[k gS fd ^^iqujh{k.kk/khu vkns"k esa ;ksX; v/khuLFk U;k;ky; }kjk ifjoknh Jh lqesjflag }kjk izLrqr ifjokn dh /kkjk 156¼3½ nizlaus vUrxZr vuqla/kku gsrq ,l,pvks dksrokyh ikyh dks Hkstdj fof/k vuqlkj eqdnek ntZ dj vuqla/kku dk tks vkns"k fn;k x;k gS og fdlh izdkj fof/k fo:) vuqfpr o =qfViw.kZ ugha gS ,oa bl vkns"k esa gLr{ksi djus dk dksbZ vk/kkj ugha gS tgka rd lq;ksX; v/khuLFk U;k;ky; }kjk iqfyl egkfujh{kd }kjk vuqla/kku djus dk tks vkns"k fn;k x;k gS og fof/k fo:) gS tks iks'kuh; ugha gSA 6- ekuuh; vij ls"ku U;k;k/kh"k ikyh us vius vkns"k fnukad 15-11-96 ds iSjk uacj 22 esa vkns"k fn;k fd ^^Qyr% vkns"k fn;k tkrk gS fd ;g iqujh{k.k ;kfpdk ntZ dh tk;sA iwu% fujh{k.k ;kfpdk vkaf"kd :i ls Lohdkj djrsd gq, vkns"k fn;k tkrk gS fd lq;ksX; eq[; U;kf;d eftLVªsV] ikyh ds }kjk iznr vkns"k fnukad 16-10-96 esa izdj.k dh tkap egkfujh{kd iqfyl ds Lrj ds uhps ds fdlh vf/kdkjh }kjk ugha dh tkus dk tks vkns"k fn;k x;k gS og vikLr fd;k tkrk gS rFkk ckdh vkns"k fof/k fo:)] vuqfpr] =qfViw.kZ ugha gksus ls mlesa gLr{ksi djus dk dksbZ vk/kkj ugha gSA (Downloaded on 27/08/2020 at 08:40:13 PM) (47 of 54) [CRLMP-997/2020] vr% ckdh vkns"k ds laca/k esa iwu% fujh{k.k ;kfpdk [kkfjt dh tkrh gSA rFkk vf/kuLFk U;k;ky; ds vkns"k dh iqf'V dh tkrh gSA vr% etewu fjiksVZ ls vijk/k /kkjk 120ch] 195] 196] 342] 347] 367] 368] 388] 458] 482 vkbZihlh ,oa 17] 58 ¼1½¼2½ Lokid nzO; ,oa u"khys inkFkZ vf/kfu;e 1985 dk gksuk ik;k tkrk gS vr% eqdnek uacj 403 rkjh[k 18-11-96 /kkjk mijksDr esa ntZ dj rQrh"k tkCrk izkjEHk dh x;hA ,QvkbZvkj izfr;ka fu;ekuqlkj tkjh dh xbZA udy ,QvkbZvkj izkFkhZ dks fu"kqYd nh tk;sxhA 13- Action taken ¼dh xbZ dk;Zokgh½ Since the above information reveals commission of ofeence(s) u/s as mentioned at item No. 2 ¼pwafd mDr lwpuk }kjk] en la- 2 ij mfYyf[kr /kkjkvks ds vUrxZr vijk/k gksus dk irk pyrk gSA½% ¼1½ Registered the case and took up the investigation or ¼ekeyk iathd`r fd;k vkSj tkap vkjEHk dh xbZ ;k½ ¼2½ Direct Shri/Smt./Kum/ (Name of I.O.)/Jh@Jherh@dq ¼tkap vf/kdkjh dk uke½ Rank¼in½ No.¼la-½ to take up the investigation or ¼dks tkap vkjEHk djus ds funsZ"k lfn;s x;s ;k½ ¼3½ Refused investigation due to ¼ftu dkj.kksa ls tkap djus ls budkj fd;k x;k½----------------------------or¼;k½ ¼4½ Transferred to P.S.¼ekeyk LfkkukUrfjr fd;k x;k] Fkkus dk uke½------------------------------- District ¼ftyk½------------------------- on----------- F.I.R. read over to the complainant/informant, admitted to be correctly recorded and a copy given to the complianant/ informant, free of cost. ¼Iz-lw-fj- f"kdk;rdrkZ@bfryk bfryk nsus okys dks i<dj lqukbZ xbZ] ftlus lgh ys[ku dh i`f'V dh vksj f"kdk;rdrkZ@bfryk nsus okys dks ,d izfr fu%"kqYd iznku dh xbZ½ R.O.A.C. ¼i<+dj lquk;k vkSj lgh ik;k x;kA½% sd-
Signature of Office in charge Police Station
¼Fkkuk izHkkjh ds gLrk{kj½
14- Signature/Thumb impression Name¼uke½ioudqekj
(Downloaded on 27/08/2020 at 08:40:13 PM)
(48 of 54) [CRLMP-997/2020]
the complianant/information
Rank: sub Inspector
15. Date and time of dispatch
In the opinion of this Court, the proceedings initiated at Pali and the proceedings going on at Palanpur, Gujarat relate to two distinct offences whereas, the provision under Section 186 of Cr.P.C. is to avoid possible confusion and embarrassment of two or more Courts. The first requirement to attract the provision is that the two different Courts must have taken cognizance of the same offence. The first complaint being CR No.216/1996 lodged at Palanpur City Police Station was with regard to conspiracy and finding out who brought/planted narcotic drugs in the hotel room based upon which the complainant Sumer Singh Rajpurohit was implicated whereas, the complaint filed by Sumer Singh Rajpurohit at Pali is with regard to his false implication in a NDPS case owing to a property dispute as they wanted Sumer Singh Rajpurohit to be evicted from the shop. Therefore, these offences are related to two different and distinct complaints in this case and therefore, the contention of the counsel for the petitioner that both the proceedings relate to the same offence lacks merit and the same is hereby rejected.
Hon'ble Apex Court in the case of State of Rajasthan Vs. Bhagwan Das Agrawal & Ors reported in (2013) 16 SCC 574 has held as under :-
"16. This Court elaborately dealt with the provisions contained in Section 300 Code of Criminal Procedure in the (Downloaded on 27/08/2020 at 08:40:13 PM) (49 of 54) [CRLMP-997/2020] case of State of Bihar v. Murad Ali Khan : (1988) 4 SCC 655. Some of the paragraphs are worth to be quoted hereinafter.
""26. Broadly speaking, a protection against a second or multiple punishment for the same offence, technical complexities aside, includes a protection against re-prosecution after acquittal, a protection against re-prosecution after conviction and a protection against double or multiple punishment for the same offence. These protections have since received constitutional guarantee under Article 20(2). But difficulties arise in the application of the principle in the context of what is meant by "same offence". The principle in American law is stated thus:
'The proliferation of technically different offences encompassed in a single instance of crime behaviour has increased the importance of defining the scope of the offence that controls for purposes of the double jeopardy guarantee.
Distinct statutory provisions will be treated as involving separate offences for double jeopardy purposes only if 'each provision requires proof of an additional fact which the other does not' (Blockburger v. United States). Where the same evidence suffices to prove both crimes, they are the same for double jeopardy purposes, and the clause forbids successive trials and cumulative punishments for the two crimes. The offences must be joined in one indictment and tried together unless the Defendant requests that they be tried separately.'
27. The expression "the same offence", "substantially the same offence" "in effect the same offence" or "practically the same", have not done much to lessen the difficulty in applying the tests to identify the legal common denominators of "same offence".(Downloaded on 27/08/2020 at 08:40:13 PM)
(50 of 54) [CRLMP-997/2020] Friedland in Double Jeopardy (Oxford 1969) says at p.108:
'The trouble with this approach is that it is vague and hazy and conceals the thought processes of the court. Such an inexact test must depend upon the individual impressions of the judges and can give little guidance for future decisions. A more serious consequence is the fact that a decision in one case that two offences are 'substantially the same' may compel the same result in another case involving the same two offences where the circumstances may be such that a second prosecution should be permissible....'
28. In order that the prohibition is attracted the same act must constitute an offence under more than one Act. If there are two distinct and separate offences with different ingredients under two different enactments, a double punishment is not barred. In Leo Roy Frey v. Superintendent, District Jail, the question arose whether a crime and the offence of conspiracy to commit it are different offences. This Court said: (SCR p.827) '4. ... The offence of conspiracy to commit a crime is a different offence from the crime that is the object of the conspiracy because the conspiracy precedes the commission of the crime and is complete before the crime is attempted or completed, equally the crime attempted or completed does not require the element of conspiracy as one of its ingredients. They are, therefore, quite separate offences.' "
17. In the instant case, as noticed above, the nature and manner of offences committed by the accused persons are not identical but are different, for example, in respect of FIR Crime No. 130 of 2010 the accused persons in connivance (Downloaded on 27/08/2020 at 08:40:13 PM) (51 of 54) [CRLMP-997/2020] with Respondent No. 1 delivered 103 trucks of explosives to the Magazines of M/s. Ajay Explosives which belonged to Shiv Charan Heda and 60 trucks of explosives to M/s. B.M. Traders which belonged to Deepa Heda. It was alleged that the Magazines of M/s. Ganesh Explosives and M/s. Sangam Explosives were not operational since many years and with the forged documentation in the name of the said firms the explosives were purchased by M/s. Ajay Explosives and M/s. B.M. Traders and subsequently those explosives were sold to some unknown persons. In respect of those FIRs, one accused, a resident of Nepal, was arrested and from whose custody 498 non electronic detonators were recovered. In respect of another FIR, during investigation, it has come on the record that those explosives were sold for terrorist activities.
18. An Offence means any act or omission made punishable by law. The fountain head of all the three cases may be at Dholpur from where truck loaded with explosives moved to different destinations but from that it cannot be said that the acts and omissions which constitute the offence are the same. Same offence, in our opinion, would mean that acts and omissions which constitute the offence are one and the same. Except the allegation that the explosives were loaded at Dholpur, the mode and manner in which the offence was committed at different places are not the same. As such, in our opinion, the provision of Section 186 of the Code is not attracted in the facts of the present case. Hence, the High court erred in passing the impugned order."
So far as the Judgments relied upon by the counsel for the petitioner in the case of Bhagwandas (Supra), in para-14 the Hon'ble Apex Court has clearly observed that the provision of Section 186 of Cr.P.C. is applicable only where the cases instituted in different courts are in respect of the same offence arising out of (Downloaded on 27/08/2020 at 08:40:13 PM) (52 of 54) [CRLMP-997/2020] the same occurrence and that the transaction and that the parties are the same, which is not the case in the case at hand as observed in the foregoing paras.
In the case of Bahadursingh (Surpa) also the Hon'ble Madhya Pradesh High Court has observed that Clause (a) or (b) of Section 186 concern solely to a situation, where, two or more Courts have taken cognizance of the same offence. However, as stated above, in the case at hand, the first complaint lodged at Palanpur and the subsequent complaint filed by Sumer Singh Rajpurohit at Pali are related to two different and distinct complaints.
Learned counsel for the petitioner has further relied upon the case of Miss. Meera Gupta (Supra) of Hon'ble Allahabad High Court wherein the Hon'ble High Court invoked the provision of Section 186 of Cr.P.C. because the informant in the said case chose to alter some of the ancillary allegations and reduce the number of the accused in the F.I.R. at the later place, which is not the case in the case at hand.
Learned counsel for the petitioner has also relied upon the case of Supriyo Sarkar (Supra) wherein, the Calcutta High Court decided the criminal revision petition considering the ground of convenience raised by the accused which was one of determining factors while allowing the revision petition. However, in the present case, the ground of inconvenience has not been raised by either of the parties.
In the light of aforesaid discussion, this Court is of the considered opinion that Section 186 of Cr.P.C is applicable only in those cases where two or more Courts have taken cognizance of (Downloaded on 27/08/2020 at 08:40:13 PM) (53 of 54) [CRLMP-997/2020] the same offence whereas, in the present case, two distinct offences are clearly made out of both the complaints. One complaint which was lodged at Palanpur pertains to conspiracy and the offence relating to the NDPS Act by planting contraband, whereas, the complaint filed by Sumer Singh Rajpurohit in Pali is in relation to his false implication in a NDPS case arising out of a property dispute. To further conclude, it would be unfit to put the present case under the microscopic view of Section 186 due to the aforesaid reasons. Further, Section 186 empowers the High Court to settle at rest anomaly over jurisdiction avenue. If all the cases have been instituted within the original jurisdiction of the same High Court, the same would be decided by the same High Court as per Sub-clause (a) of 186. In case, the cases happen to be instituted within the local jurisdiction of different High Courts, then a privilige has been given to that High Court within whose jurisdiction, the proceeding first commenced. Admittedly, in the present case, the first complaint was lodged at PS Palanpur City, Gujarat and subsequently, the complaint was lodged at Pali, Rajasthan by Shri Sumer Singh Rajpurohit. Thus, when the proceedings commenced at PS Palanpur City, Gujarat, the relief sought by the petitioner seeking stay of the proceedings before the court of Special Judge NDPS Cases, Palanpur is without any merit. Thus, considering the premises of Clause (b) of Section 186 of Cr.P.C. too, it can be deduced that non applicability of Section 186 Clause (b) of Cr.P.C. in the present set of facts holds yet another ground for dismissal. Moreover, the conduct of the present petitioner is writ large from the observations made by the Hon'ble (Downloaded on 27/08/2020 at 08:40:13 PM) (54 of 54) [CRLMP-997/2020] Gujarat High Court mentioning that the applicant has scant respect for the Courts.
In the result, the Misc. Petition fails and is hereby dismissed.
The stay application also stands disposed of.
(MANOJ KUMAR GARG),J 24-BJSH/-
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