Bombay High Court
Surendra Gopal Rana Alias Sonu vs The State Of Maharashtra And Ors on 24 October, 2018
Author: Bharati H. Dangre
Bench: Ranjit More, Bharati H. Dangre
3-wp-3468-2018
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.3468 OF 2018
Surendra Gopal Rana @ Sonu ..Petitioner
V/s.
State of Maharashtra & Ors. .. Respondents
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Mr.Datta Mane, for the Petitioner.
Mr.Deepak Thakare, PP a/w Mr.S.R. Shinde, APP for the
Respondent-State.
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CORAM : RANJIT MORE &
SMT.BHARATI H. DANGRE, JJ.
DATE : 24th OCTOBER 2018 P.C.
1. Heard learned counsel for the petitioner and learned PP Shri.Deepak Thakare representing the State. The Superintendent of the Police of the Palghar, District-Palghar is also present in pursuant of our earlier orders.
2. The petitioner has approached this Court that with an allegation that his brother Jogendra Gopal Rana was killed by police officers in fake encounter. On the last date we had inquired from the learned PP whether the mandatory inquiry N.S. Kamble page 1 of 7 ::: Uploaded on - 26/10/2018 ::: Downloaded on - 27/10/2018 02:03:21 ::: 3-wp-3468-2018 under Section 176 of the Code of Criminal Procedure is conducted or not. We have also directed the affidavit of the Superintendent of Police to be filed. In furtherance of direction the Superintendent of Police, Palghar has filed his affidavit on 09th October 2018.
3. We have perused the affidavit. The affidavit contains the following statement:-
"4. I say that on 23.07.2018 at about 14.00 hrs. after finishing the confidential work from Pelhar by the Police Head Constable (B.No.1503) Mangesh Vitthal Chavan and Police Naik (B.No.1465) Manoj Sakpal, both attached to Local Crime branch, Palghar and while proceeding towards their office on motor cycle and at about 14.30 hrs. they came in front of Damodar Hall and were proceeding towards Nallasopara (West), Police Naik (B.No.1465) Manoj Sakpal saw a notorious criminal namely Govinda Rana who was accompanied by his associate and was walking towards Radhanagari, Nallasopara, hence the police stopped their motorcycle, at that time, Police Naik (B.No.1465) Manoj Sakpal hold on the trouser of said Govinda Rana from back side and shown their identity as police, at that time, the said N.S. Kamble page 2 of 7 ::: Uploaded on - 26/10/2018 ::: Downloaded on - 27/10/2018 02:03:21 ::: 3-wp-3468-2018 Govinda Rana pushed their motorcycle and said Govind Rana and his associate started running towards Radhanagri road, hence the Police Head Constable (B.No.1503) Mangesh Vitthal Chavan and Police Naik (B.No.1465) ManojSakpal chased them till Vishnudarshan Society and tried to accost them, at that time, the said Govind Rana took out sharp pointed knife, which was on his waist, and he started assaulting the said ManojSakpal, Police Naik (B.No.1654), hence, ManojSakpal Police Naik (B.No.1654) let him off. Thereafter the said Govind Rana, armed with sharp pointed knife, in order to assault said ManojSakpal again ran towards him (ManojSakpal), as result of which said ManojSakpal fell down, inspite of that, the said Govind Rana started inflicting him, therefore, in order to save the said ManojSakpal, Police Naik (B.No.1654), the Police Head Constable (B.No.1503) Mangesh V. Chavan told the said Govind Rana to surrender himself, however, the said Govind Rana did not pay any attention and he (Govind Rana) proceeded towards Manges V. Chavan, Police Head Constable (B.No.1503) and he inflicted knife blow on the left hand arm of Mangesh V. Chavan, Police Head Constable (B.No.1503), at that time, Mangesh V. Chavan, Police Head Constable (B. No.1503) fired N.S. Kamble page 3 of 7 ::: Uploaded on - 26/10/2018 ::: Downloaded on - 27/10/2018 02:03:21 ::: 3-wp-3468-2018 one bullet from his pistol towards below the waist of said Govind Rana, at that time, the said Govind Rana who was armed with knife inflicted injury on the stomach of said Magesh V. Chavan, Police Head Constable (B.No.1503) and again he tried to inflict another assault towards Mangesh V. Chavan, at that time, Mangesh V. Chavan, Police Head Constable (B.No.1503) fired second round of bullet from his pistol towards the said Govind Rana, hence the said Govind Rana fell down due to injury and his knife fell down. Thereafter, immediately the information was given by Police head Constable (B.No.1503) Mangesh Vitthal Chavan and Police Naik (B.No.1465) ManojSakpal to their senior officers. Thereafter, the injured Govind Rana was shifted to Government Hospital, Tulinj, Nallasopara (East) by Police Naik (B.No.1465) ManojSakpal in an autorickshaw. The doctors in the said hospital after examining the said Govind Rana, declared dead. Both the injured Police Head Constable (B.No.1503) Mangesh Vitthal Chavan and Police Naik (B.No.1465) ManojSakpal were admitted in the said Government Hospital at Tulinj for medical treatment."
Thereafter the said incident was reported at Tulinj Police Station where Accidental Death Registrer (A.D.R.) being No.176/2018 under Section 174 of N.S. Kamble page 4 of 7 ::: Uploaded on - 26/10/2018 ::: Downloaded on - 27/10/2018 02:03:21 ::: 3-wp-3468-2018 Criminal Procedure Code was registered on 24.07.2018 at 01.03 hrs. The enquiry of the said A.D.R. is being investigated by the Sub Divisional Officer Shri.Vikas Naik, attached to Palghar Sub Division, Dist.palghar.
Thereafter on 24.07.2018 at 02.06 hrs., offence vide CR No.781/2018 under Sections 307,353,332 of Indian Penal Code and under Sections 3,25 of Arms Act r/w Sections 37(1)(3), 135 of Maharashtra Police Act was registered against the said Govind Rana and investigation was assigned to Dr.Ashwini Patil, Sub Divisional Police Officer, Vasai Division, Dist:Palghar."
4. In the backdrop of the said affidavit, we asked the learned PP Shri.Thakare about the injuries sustained by the Police Head Constable Mangesh Chavan and Police Naik ManojSakpal, since it was a specific case made out in the affidavit that since the deceased inflicted knife blows on the two police personnels, the police Head Constable had fired two rounds of bullets from his pistol towards the deceased, and thereafter he fell down and dropped his knife. The learned PP Shri.Thakare, produced before us the medical certificates of the N.S. Kamble page 5 of 7 ::: Uploaded on - 26/10/2018 ::: Downloaded on - 27/10/2018 02:03:21 ::: 3-wp-3468-2018 two injured police personnels issued by Vasai-Virar Municipal Corporation's Hospital, Nallasopara (E). We have perused the said certificates. The said medical certificates do not corroborate the alleged assault on Shri.ManojSakpal, Police Naik and also Shri.Mangesh Chavan. It is the case set out in the affidavit that the deceased Govind Rana pointed out a sharp knife towards ManojSakpal and attempted to assault him, resultantly, ManojSakpal fell down and inspite of this the deceased started inflicting him. It is further set out in the affidavit that the deceased also inflicted knife blow on left hand arm of Mangesh Chavan, which compelled him to fire first round of bullet. It is also stated that the deceased tried to inflict another assault on Mangesh Chavan when he fired second bullet. The certificate however not corroborate the alleged assault on the two police personnels which prompted Mangesh, the Police Head Constable to fire two rounds of bullets from his pistol. The medical certificate produced before us is taken in custody and is transmitted to the custody of the Registrar Judicial-I. N.S. Kamble page 6 of 7 ::: Uploaded on - 26/10/2018 ::: Downloaded on - 27/10/2018 02:03:21 ::: 3-wp-3468-2018
5. We invited attention of the learned PP to the said discrepancies in the injury certificate and the case set out by the Superintendent of Police in the affidavit. We have also gone through other material which is brought on record by the petitioner which includes the photograph wherein the two police personnel are standing on the spot and it do not appear that they have sustained any injury as claimed in the affidavit.
We also express that if the case of encounter is made out by the petitioner, then it would be appropriate to register the first information report and to carry out investigation. The learned PP Mr.Thakare seeks some more time so as to enable him to make a statement after taking necessary instructions. Time granted. Stand over to 30.10.2018 to be placed on Supplementary Board.
(SMT.BHARATI H. DANGRE, J.) (RANJIT MORE, J.)
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