Gujarat High Court
Rameshbhai Naranbhai Makwana vs State Of Gujarat & 3 on 8 March, 2017
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/SCR.A/9515/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION (DIRECTION - TO LODGE
FIR/COMPLAINT) NO. 9515 of 2016
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RAMESHBHAI NARANBHAI MAKWANA....Applicant(s)
Versus
STATE OF GUJARAT & 3....Respondent(s)
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Appearance:
MR JAYPRAKASH UMOT, ADVOCATE for the Applicant(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 2 - 4
MR MITESH AMIN, PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 08/03/2017
ORAL ORDER
By this writ-application under Article 226 of the Constitution of India, the writ-applicant - original accused, at present in the judicial custody, has prayed for the following reliefs :
"a) To issue a writ of mandamus and/or any other writ, order or direction directing the respondents to register FIR pursuant to the complaint/application dated 31.8.2016 at Annexure-D addressed to the Police Commissioner, Ahmedabad.
b) Pending admission, hearing and final disposal of this petition, to direct the respondents to register FIR pursuant to the complaint/application dated 31.8.2016 at Annexure-D addressed to the Police Commissioner, Ahmedabad;
c) To issue a writ of mandamus and/or any other writ or Page 1 of 18 HC-NIC Page 1 of 18 Created On Sat Aug 12 07:32:40 IST 2017 R/SCR.A/9515/2016 ORDER direction directing the respondent nos.2 and 3 to inquire/investigate the allegations made by the petitioner in the petition/complaint and submit a report to this Hon'ble Court;
d) To direct a judicial inquiry by a judicial officer of rank of Sessions Judge and submit the inquiry report to this Hon'ble Court;
e) To dispense with the filing of the affidavit as the petitioner is in jail.
f) To pass any other and further orders as may be deemed fit and proper to this Hon'ble Court."
On 23rd August 2016, one Shri J.M.Patel, Police Sub- Inspector, Crime Branch, Ahmedabad city, lodged an FIR against the writ-applicant herein for the offence punishable under Sections 489(B)(C) and 120B of the Indian Penal Code.
According to the case of the prosecution, the writ- applicant herein was found to be in possession of counterfeit notes of the denomination of Rs.1000. In all, 200 counterfeit notes of the denomination of Rs.1000 was recovered from the possession of the writ-applicant herein. The necessary panchnama in accordance with law was drawn and the writ- applicant was arrested. The case of the writ-applicant herein is that an absolutely false case has been instituted against him at the instance of one Dhanabhai Mahadevbhai Chaudhary. According to him, Shri Chaudhary is an influential person. Shri Chaudhary has to pay Rs.20 lac to the writ-applicant herein in connection with a business transaction, and with a view to avoid such payment, Shri Chaudhary, in collusion with the police, got instituted an absolutely false case against the writ- applicant having found to be in possession of the counterfeit notes.
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Mr.I.H.Syed, the learned counsel appearing for the writ- applicant, submits that his client filed a complaint in this regard dated 31st August 2016 addressed to the Commissioner of Police, which is at page 32. According to Mr.Syed, the complaint discloses commission of a cognizable offence and the police concerned owes a duty to register an FIR.
I take notice of the fact that in the past the brother of the writ-applicant, viz. Nagjibhai Makwana, had come before this Court by filing the Special Criminal Application No.6778 of 2016, praying for transfer of the investigation of the FIR in question. A coordinate bench of this Court, vide judgment and order dated 20th September 2016, disposed of the said writ- application in the following terms :
"
1. By way of present petition under Article 226 of the Constitution of India read with section 482 of the Code of Criminal Procedure, 1973, the petitioner seeks the transfer of investigation from Crime Branch to any other independent agency.
2. It is the case of the petitioner that the petitioner and his brother are in the business of selling agricultural produce to a trading firm namely Bhagya Laxmi Trading Company, which is run by Dhanabhai M. Chaudhari. The petitioner and his brother were to be paid the amount of Rs.20 lakh by the said firm and the said firm had promised them to pay the money. Due to acrimonious exchange of words with Dhanabhai and other persons, they had shown their reluctance to pay the amount. Therefore, on August 22, 2016, the brother of the petitioner was called and he told the petitioner that he was paid an amount of Rs.2 lakh. It is his say that his brother had gone for purchasing grocery, however, he never returned and he received a telephone call at his residence that nobody is able to contact his brother. The brother of the petitioner was later found with fake Page 3 of 18 HC-NIC Page 3 of 18 Created On Sat Aug 12 07:32:40 IST 2017 R/SCR.A/9515/2016 ORDER currency notes from Ahmedabad. He was arrested by the Crime Branch.
3. It is the say of the petitioner that he eventually went to the Crime Branch, Ahmedabad and inquired from his brother as to in fact what had happened. It is his say that four to five persons had come after he had collected the amount of Rs.2 lakh. He was thereafter taken to Crime Branch in Bolero vehicle. It is his say that his brother has been falsely implicated in the said offence. It is his say that the Close Circuit Television (CCTV) footage of the Crime Branch would suffice the purpose. He has approached this Court with the following substantial prayers :
"21(A) Your Lordships may be pleased to issue a writ of mandamus and/or any other appropriate writ, order or direction quashing and setting aside the FIR being CR No.I-56/2016 D.C.B. Police Station Abad. for the offence under sections 489(b)(c) and 120(B) of Indian Penal Code on 23.08.2016 and free and fair investigation in connection with the records.
(B) Your Lordships may be pleased to issue a writ of mandamus and/or any other appropriate writ, order or direction transferring the investigation in connection with the FIR being CR No.I-56/2016 for the offence under sections 489(b)(c) and 120(B) of the Indian Penal Code on 23.08.20167 registered D.C.B. Police Station Abad. to an independent agency-C.B.I."
4. Shri Jigar Gadhvi, learned counsel appearing for the petitioner, has urged that the CCTV footages of the Crime Branch have been requested for by the petitioner, however, the same have been denied on the ground that the Right to Information Act, 2005, has provided for certain exceptions and one of them is CCTV footage of the office of the Crime Branch. He has also urged that if that piece of evidence is lost, there would not be any defence available to the petitioner. Moreover, considering the complaint given by the petitioner, his first information report deserves to be lodged. He has further urged that the investigation needs to be transferred to an Page 4 of 18 HC-NIC Page 4 of 18 Created On Sat Aug 12 07:32:40 IST 2017 R/SCR.A/9515/2016 ORDER independent agency other than the Crime Branch.
5. Shri Mitesh Amin, learned Public Prosecutor, has urged that in a serious matter of fake currency notes when the accused has been arrested and when the investigation leads to the neighbouring country, this Court may not interfere with the same at this stage. He has urged that the prosecution has no objection if the information in the CCTV footage is examined in accordance with law. It is urged that it is a very serious crime and the modus operandi adopted by the petitioner indicates his clear complicity in the crime in question.
6. Having heard both the sides and having perused the material on record, this Court notices from the papers of investigation presented before this Court that in the first information report itself it is enumerated that the police has found fake currency notes from the accused. It was on an input given to the office of the Crime Branch that the raid had been carried out by intercepting the accused Ramesh, brother of the petitioner, aged 32 years and total 200 currency notes, each of denomination of Rs.1000/-, had been found from his possession.
7. The panchnama to that effect was started at 09-00 p.m. and the same was completed at 01-00 a.m., which was carried out in presence of the panchas. The fake currency notes worth Rs.2 lakh had been seized by the Police from the accused.
8. In such view of the matter, considering the sensitivity of the issue, so also bearing in mind the fact that it is a serious economic offence against the society, which would have a tendency of weakening economic bloodline of the country and, therefore also, no interference is desirable, except for the limited purpose of directing the concerned Crime Branch to preserve the data of CCTV footage of August 22 and August 23, 2016, without fail; with a further direction that the first information report made by the petitioner shall be looked into by the appropriate authority to deal with the same in accordance with law.
In view of aforesaid observations and directions, the request of the petitioner for transfer of investigation is rejected, as the same does not have any substance.
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The learned Public Prosecutor shall instruct the Crime Branch accordingly.
Disposed of accordingly.
Direct Service is permitted."
Mr.Syed, in the course of his submissions, pointed out that his client, through his brother, has preferred two representations dated 13th January 2017 and 13th February 2017 respectively addressed to the Commissioner of Police, Ahmedabad, as regards the subject matter of this writ- application. He submits that manifold grounds have been raised in the two representations which would indicate that the writ-applicant has been falsely involved in the alleged offence.
On the other hand, this writ-application has been vehemently opposed by Mr.Mitesh Amin, the learned Public Prosecutor appearing for the State. Mr.Amin pointed out the following events, with a view to show that the entire case put up by the writ-applicant in this writ-application is false.
Mr.Amin seeks to rely on the following :
A Sl. Particulars Date Time No. 1 Panchnama 22.8.16 9.00 p.m. to to 23.8.16 1.00 a.m. 2 FIR No.I-56/16 23.8.16 1.00 hours 3 Accused was taken for medical 23.8.16 examination before the Doctor at V.S.Hospital. Case papers are prepared.
(No reporting/complaint of false
implication)
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4 Production of accused Ramesh 23.8.16 17.00
Naranbhai Makwana (Rabari) before hours
the Court.
(No complaint of false implication) 5 Accused was sought for police remand. 23.8.16 Accused through his Lawyer contested remand application. Court granted police remand upto 28/8/16.
(No complaint of false implication) 6 On interrogation of accused 24.8.16 Rameshbhai Naranbhai Makwana (Rabari) involvement of one Gevaram Lachchhaji Mali of Rajasthan was emerged as supplier of fake currency notes.
7 As per record maintained by the police 24.8.16 14.15 station, real brother of the accused hours named Nagji Naranbhai Makwana (Rabari) visited police station and had talk with accused Rameshbhai 8 Accused was taken for medical 25.8.16 12.40 examination before the Doctor at hours V.S.Hospital. Case papers are prepared.
(No reporting/complaint of false
implication)
9 Accused was produced before the 28.8.16 14.15
Court on completion of remand hours
10 Accused gave an application to the 28.8.16 15.00
Court about his false implication hours
11 Accused brother Nagji Naranbhai 29 -
Makwana (Rabari) made written 31.8.16
application to the Commissioner of
Police, Ahmedabad
12 Application of the brother of the 2.9.16
accused sent for inquiry to Asstt.
Commissioner of Police, Special
Operation Group
13 Asstt. Commissioner of Police (SOG) 21.9.16
received application from the Office of the Commissioner of Police for necessary inquiry/ investigation 14 All kind of representations made by the applicant Nagji Naranbhai Makwana (Rabari) are dealt with, necessary Page 7 of 18 HC-NIC Page 7 of 18 Created On Sat Aug 12 07:32:40 IST 2017 R/SCR.A/9515/2016 ORDER interrogation of material witnesses, who are supposed to be acquainted with the allegations etc., is done, their statements are record, relevant materials in the nature of CDR are examined. CCTV footage produced by the applicant Nagji is also examined and report in pursuance of said application is most likely to be completed within a week and would be intimated to the applicant.
15 Upon direction of Commissioner of 24.1.17
Police, Ahmedabad City, Deputy
Commissioner of Police, Control Room, Ahmedabad had filed Affidavit in Spl. Cri. Application No.9515/16.
16 Investigation against second accused Gevaram Lachchhaji Mali is under progress as submitted during hearing of the petition involvement of 3rd accused from Rajasthan is not ruled out.
B Sl. Particulars Date Time No. 1 Certain Police Officers of Crime Branch 21.8.16 Police Station and ATS, Gujarat were to directed to investigate FIR No.I-CR 24.8.16 No.119/16 registered with Deesa (Rural) Police station relating to kidnapping of one Doctor, have visited many places of Banaskantha including Dhanera, Deesa, Tharad and also some border areas of Rajasthan for the purpose of finding out Santro Car, wherein, Doctor was kidnapped, hence their presence in these areas.
2 As per application of Nagjibhai given to 22.8.16 police and as per application of accused Rameshabhai given to Court, they both have accepted that they were together on 22.8.16 till noon and thereafter within the knowledge of Nagjibhai (brother of accused) Ramesh (accused) was supposed to visit one Dhanjibhai for borrowing money.
Page 8 of 18HC-NIC Page 8 of 18 Created On Sat Aug 12 07:32:40 IST 2017 R/SCR.A/9515/2016 ORDER 3 Nagjibhai after being separated from 22.8.16 accused Rameshbhai is going back to his home on 22/8/16. Nagjibhai and Ramesh are residinging side by side with their family and parents. Though Ramesh is not coming back in the evening and night of 22/8/16 , nobody neither wife of Rameshbhai, nor parents of Rameshbhai, nor brother Nagjibhai are complaining or taking any action about Rameshbhai having gone to Dhanjibhai for borrowing money or having not come back throughout the night of 22/8/16.(As such he was already apprehended in above referred fake currency case) 4 Since morning of 23/8/16 neither wife, 23.8.16 parents of accused Rameshbhai are complaining etc. about accused Rameshbhai having not reached home since noon of 22/8/16, as such Nagjibhai on 23/8/16, had gone to attend social event since morning of 23/8/16.
On 11th January 2017, the following order was passed by this Court :
"Let Notice be issued to the respondents, returnable on 25.01.2017. Ms. Pathak, the learned Additional Public Prosecutor waives service of notice for and on behalf of the respondent no.1-State of Gujarat. Direct service is permitted for the respondents nos.2, 3 and 4.
Having regard to the serious nature of allegations levelled in this writ-application, I expect the respondent no.2 The Police Commissioner of the Ahmedabad City to immediately look into the matter and file an appropriate affidavit by the next returnable date.
The learned counsel appearing for the applicant submits that to facilitate the respondent no.2 for an appropriate inquiry, he shall adduce all necessary materials as regards the subject matter of this writ-application. The respondent no.2 shall take cognizance of the materials Page 9 of 18 HC-NIC Page 9 of 18 Created On Sat Aug 12 07:32:40 IST 2017 R/SCR.A/9515/2016 ORDER which the writ-applicant may produce. Direct service is permitted."
Pursuant to the order passed by this Court referred to above, an affidavit-in-reply has been filed on behalf of the respondent no.2 duly affirmed by Dr.Sudhirkumar Desai, I/c.Deputy Commissioner of Police (Control), inter alia, stating as under :
"d. All the issues raised by the petitioner were looked into in detail by the Commissioner of Police. The same were then closely scrutinized based on the material facts such as CCTV footages and photographs provided by the petitioner. The issues raised by the petitioner are based on the reply of Shri J. M Patel, Police Sub Inspector of the Detection of Crime Branch, Ahmedabad City before the Ld Additional Chief Metropolitan Magistrate at Ahmedabad on 03.10.2016. All the material provided by the applicant was studied in detail in order to ascertain the true chain of events. The points of inquiry raised by the applicant were scrutinised and corroborated with materials adduced as i. Part of the investigation in the offence registered in DCB PS vide CR No. I-56/2016 under sections 489B, 489 C and 120B of the Indian Penal Code and sections 16,18 and 20 of the Unlawful Activities Prevention Act, 1967; and ii. Facts revealed in the inquiry done by the Assistant Commissioner of Police (ACP) of the Special Operations Group (SOG) of the Ahmedabad City vide the order number G/725/ CP/Application/184/16 dated 02.09.2016.
The detailed reply for each of the issues raised by the petitioner before the Commissioner of Police, Ahmedabad City is as stated below.
e. The CCTV footages of the Dhanera APMC for 22nd Page 10 of 18 HC-NIC Page 10 of 18 Created On Sat Aug 12 07:32:40 IST 2017 R/SCR.A/9515/2016 ORDER August 2016 produced by the applicant show personnel of Ahmedabad Crime Branch who had gone on an assignment of very sensitive nature. The team was tasked to seek the whereabouts of a Santro Xing car of Champagne Gold or Real Earth colour that was being searched for in connection with an offence registered in Deesa Rural Police Station on 19th August, 2016 vide CR No. I-119/2016 under sections 365,341 and 114 of the IPC. This offence pertained to the kidnapping of Dr. Rajesh Mehta, Head of Department of Social and Preventive Medicine, GMERS Medical College, Dharpur, Patan. There were multiple teams of local Police and other branches of Gujarat Police who were tasked to aid in this investigation including technical teams for CCTV footage analysis and also operational teams tasked to identify the suspect vehicle in various locations across Banaskanta and Patan. The white Bolero camper was a vehicle taken on rent by one such police team. The CDR analysis of the police personnel shows and corroborates their presence in at several areas, in and around Deesa, Tharad and Dhanera of the Banaskantha District and also near the villages bordering Rajasthan. The presence of the police teams in these areas was not only on 22nd August, 2016 as claimed by the applicant but also from 21st August to 24th August 2016, when a joint team of Ahmedabad Crime Branch and Gujarat ATS had detected the kidnapping case, arrested the accused persons and freed the victim, Dr Rajesh Mehta. The present petitioner along with his brother is taking undue advantage of this sheer coincidence, of the presence of the police personnel as part of a genuine assignment, by posing a totally false, concocted and fabricated story.
f. The allegation made by the applicant that the Police Inspector S.L.Chaudhary and Dhanabhai Chaudhary had close relationship has been found to be totally baseless and concocted after careful verification of their CDRs. Neither does S. L. Chaudhary nor other officers of his team, PI D. S. Gohil and PSI J. M. Patel were in contact with Dhanabhai Chaudhary as shown in the CDRs.
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g. The weekly diaries maintained by the police officers in question for the week from 21st August to 27th August, 2016 has been verified and the entries state that the officers and five police personnel from their team had been in areas of Banaskanta and Rajasthan border in connection with the discreet inquiry to ascertain the location of the Santro car used in the kidnapping offence registered at Deesa Rural Police Station. The entries of the diary are further corroborated by the CDRs and also facts and statements as collected in the inquiry conducted by the ACP, SOG of Ahmedabad City.
h. On 20th August, 2016 the various teams of the Detection of Crime Branch, Ahmedabad City had received directions that a discreet and immediate inquiry is to be carried out in connection with the F.I.R. C.R. No. 119/2016 dated 19th August 2016 registered with Deesa Rural Police Station under Section 365, 341 and 114 of the Indian Penal Code, 1860. Several teams were send for the inquiry including the team consisting of Police Inspector D.S. Gohil, P.S.I. J.M. Patel, Head Constable Siddhrajsinh Mahipalsinh, Police Constables Bhupendrasinh Dharmendrasinh, Rameshbhai Mohanbhai, Vikramsinh Jilusinh and Kiritsinh Bhagwatsinh.
i. The motorcycle driven by the applicant Ramesh Naranbhai Makwana was detained at the corner behind Cama Hotel, Khanpur where the side road meets the Sabarmati Riverfront road. There are no CCTV footages available for the area as this stretch of the river front doesn't have any CCTVs installed.
j. Regarding the issue of the petitioner's lawyer, after the scrutiny of the records pertaining to the case in the court of the Learned Metropolitan Magistrate, Court No.11, Ahmedabad, it is clear that the Vakalatnama of Advocate Shri. Jagdish Sharma was duly signed by his Client, i.e. the present petitioner, thus giving the consent to the Advocate to appear and plead for the petitioner on his behalf. The issue regarding to the fees paid to the lawyer would be better known to the petitioner.
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k. The personal search of Rameshbhai Naranbhai Makwana was done in presence of two independent witnesses and 200 currency notes of denomination Rs.1000/- was found in Rameshbhai Naranbhai Makwana's possession. The notes were prima facie found to be counterfeit. The statements of the two independent Panchas, who saw the accused come on his motor-cycle and being stopped by the Police, clearly corroborate the said events. The Police Sub Inspector - J.M.Patel thereafter from his mobile phone had called the F.S.L. Scientific Officer who then came to visit and check the currency notes. The F.S.L. Official after studying and examining the currency notes had given his initial opinion that the currency notes are counterfeit. The statement of the F.S.L. Officer recorded as part of the inquiry clearly corroborates the said sequence of events.
l. Regarding the plea of the petitioner that the true identity of the informer be divulged, it is humbly submitted that the professional protocols of all Law Enforcement Agencies (LEA) prevent such a disclosure. Indeed it is the cardinal principle that ensures that high value information does flow to the intelligence and enforcement agencies and any disclosure of the source identity can indeed put the life of the informer in grave risk. Thus the same is kept confidential.
m. On the issue raised by the petitioner that how he could have been traced and caught by the DCB team, it is hereby stated within the wide purview of the informer confidentiality, neither in the case papers nor in the inquiry was it mentioned that the information leading to the arrest of the petitioner was based on technical intelligence. Hence the claim of the petitioner that how he could have been traced without location of his mobile phone is void ab initio. The Police team indeed had received a tip-off about a person on Hero Honda Splendor Motorcycle with registration no. GJ-8-AR-6390 with counterfeit currency was going to enter the city via the river front road behind Cama Hotel. Police Inspector Shri S.L.Chaudhary along with his team was on watch in the said area, and in presence of Page 13 of 18 HC-NIC Page 13 of 18 Created On Sat Aug 12 07:32:40 IST 2017 R/SCR.A/9515/2016 ORDER two independent persons had caught the accused with counterfeit currency.
n. The allegation related to the CDRs of Dhanabhai Chaudhary and Shri S.L. Chaudhary as stated earlier also have shown that neither were they in contact nor was there any relationship between them. The applicant's allegations are based on inferences fuelled more by his hallucinations and less on facts and truths.
o. While raising the issue of the possession of currency notes worth Rs. 2 Lakhs by the petitioner, he has inadvertently confessed to the offence in question, vis-à-vis the seizure of the FICN notes from his possession by the DCB team in presence of two independent witnesses and certified to the FICN in their presence by the FSL officer. As to the issue of the origin of the notes being from Dhanabhai Chaudhary, in the police interrogation, the petitioner Ramesh Naranbhai Makwana had stated that the same was sourced from one Ghevaram Lacchaji Mali of Jhalore District of Rajasthan. The arrest of Ghevaram Lacchaji Mali by the DCB team on 17/01/2017 from Jhalore and his interrogation has brought out startling facts. He had met the petitioner towards a deal to buy cattle and that Rameshbhai Naranbhai Makwana had told Gevaram Lacchaji Mali, that the petitioner was involved in the illegal activity of spurious gold and silver and counterfeit currency and the petitioner would give Gevaram Lacchaji Mali good commission if Gevaram could help him in his illegal business. Subsequently the petitioner used to regularly telephone Gevaram Lacchaji Mali to ask about starting the illegal business. Gevaram Lacchaji Mali had met one Mahendrakumar Bhamraji Mali, who was in the illegal activity of counterfeit currency. That Gevaram Lacchaji Mali acted as an intermediary between the petitioner and Mahendrakumar Bhamraji Mali and used to provide counterfeit currency notes to the petitioner, in order to earn commission. The petitioner took an amount of Rs.50,000 in July end, 2016 from Gevaram Lacchaji Mali and thereafter took Rs.2,50,000. Thus in total the petitioner had collected Rs.3,00,000 from Page 14 of 18 HC-NIC Page 14 of 18 Created On Sat Aug 12 07:32:40 IST 2017 R/SCR.A/9515/2016 ORDER Gevaram Lacchaji Mali. The petitioner was buying such counterfeit currency from Mahendrakumar Bhamraji Mali via Gevaram Lacchaji Mali and circulating the same in open markets in Gujarat. The analysis of the call data records of petitioner and Ghevabhai Lacchaji and their locations corroborates the facts revealed in the investigation of the case. The statements of the petitioner and Ghevaram Lacchaji Mali and the chain of admissible evidence as unearthed through the investigation contradict the claims of the petitioner in the present petition.
p. In the matter regarding the role of DCB in detection of kidnapping offence of Banaskanta District, it is stated that the Detection of Crime Branch (DCB), Ahmedabad City is a unit with specialisation in technical and operational aspects. It not uncommon that these resources are often dovetailed to aid and assist various field units for detections in serious and sensitive crimes. It is humbly submitted that the case here in question pertains to the kidnapping of a widely respected doctor. It was purely the camaraderie of the Gujarat Police as a team that was displayed by the extending of technical and operational support by various branches of Gujarat Police including the Detection of Crime Branch, Ahmedabad City to the investigative effort in a complicated case.
q. Regarding the issue of the violations of the arrest procedures, it is stated that the records of arrest of the petitioner indicates that the petitioner's brother was informed after his arrest by the Police Station Officer of the DCB Police Station. The claim of the petitioner's brother that he had come to know of the arrest of the petitioner much later and that he had called Shri S.L.Chaudhari on 28th August 2016 seems to be prima facie wrong in facts as the petitioner's brother in his application before the Commissioner of Police, Ahmedabad City had stated that he had come to the DCB on 24th August and had also met his brother and also had interacted with the investigation officer of the case. The visitor's register maintained at the office of the Public Relations Officer (PRO) of the DCB shows that Page 15 of 18 HC-NIC Page 15 of 18 Created On Sat Aug 12 07:32:40 IST 2017 R/SCR.A/9515/2016 ORDER the petitioner's brother, Nagjibhai Naranbhai Makwana had indeed visited DCB on 24th August 2016 at 1415 hours. However the petitioner claim that his family has not been informed is indeed a serious one and hence an inquiry has been initiated by the Commissioner of Police, Ahmedabad City to unearth the veracity of the claim of the petitioner.
r. The petitioner herein was arrested as he was found in possession of High Quality FICN and has been interrogated and faces serious charges under Sections 15(1)(iii-a), 16, 18 and 20 of The Unlawful Activities (Prevention) Act, 1967 and sections 489A,489 B and 120B of the IPC. The petitioner in order to cover up the crime and to pressurise the investigating agency is using dubious methods vis- à-vis false allegations and concocted facts in order to save his skin.
s. In the question raised by the petitioner regarding the purported conspiracy angle, as stated earlier, these are ploys of the petitioner based on his figs of imagination and are nothing but concocted theories that fall flat on their face based on the available statements, materials and evidences. The CCTV footages submitted by the present petitioner also does not show any material or chain of events that can give shape to his figments of imagination. The statements of the various witnesses recorded in videography by the Inquiry Officer also clearly demonstrates that this is indeed an attempt of making a mountain out of a molehill.
t. It is humbly submitted that, it was rightly observed while rejecting the request of the petitioner for transfer of investigation in Order dated 20/09/2016 passed in Special Criminal Application No.6778 of 2016 (Corum:
Hon'ble Jus. Ms. Sonia Gokani) that the counterfeit currency case is a serious economic offence against the society, which would have the tendency of weakening the economic bloodline of the country and therefore no interference is desirable.
u. That this is nothing but a (futile) exercise by the petitioner and his brother to get out of the case of counterfeit currency by falsely pointing fingers at the police personnel, who have done their duties diligently.
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v. Moreover the alternative remedy of the petitioner in form of a private complaint before the Magistrate Court is pending which is in connection with the same allegations.
w. That the details mentioned herein would make it crystal clear that there is no inaction on part of the respondents herein, it is pertinent to note that timely actions have been taken by the concerned authorities on all the aspects as pointed out by the petitioner herein, leaving no room for any type of dissatisfaction or grievance as put up by the petitioner.
x. Hence the present application is nothing but an abuse of process of law. Moreover the aspect of transfer of investigation is already prayed by the petitioner earlier vide Special Criminal Application No.6778 of 2016 in Hon'ble High Court and the same is dismissed by the Hon'ble High Court.
y. That the Police personnel have just performed their duties diligently and as the petitioner is caught in a serious offence, this is a dubious attempt to get exonerated from the counterfeit currency case.
z. The petitioner was never kidnapped but was caught with fake currency at Ahmedabad and the CDRs of the police personnel also do not remotely support the version of the petitioner. That, this is nothing but an attempt to demoralize the investigating agency in the guise of injustice; and that such injustice has never been caused to the petitioner."
Having heard the learned counsel appearing for the parties and having considered the materials on record, the only question that falls for my consideration is, whether the writ-applicant is entitled to the reliefs prayed for in this writ- application.
The only relief prayed for is to issue a writ of mandamus to register the FIR on the basis of the complaint lodged by the writ-applicant herein. The whole attempt, prima facie, appears to be to frustrate the investigation of the FIR No.I-56 of 2016.
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The attempt on the part of the writ-applicant is to have a parallel investigation along with the investigation of the FIR in question.
In my view, no ground worth the name is made out for issue of any writ of mandamus to register the FIR on the basis of the complaint lodged by the writ-applicant herein. I may only say that the two representations which have been filed by the writ-applicant herein through his brother dated 13th January 2017 and 13th February 2017 referred to above may be looked into in the course of the investigation if in the opinion of the Investigating Officer it has some bearing on the issues in question. I do not express any opinion in this regard.
With the above, this writ-application is disposed of.
(J.B.PARDIWALA, J.) MOIN Page 18 of 18 HC-NIC Page 18 of 18 Created On Sat Aug 12 07:32:40 IST 2017