Gujarat High Court
Usmangiri Mohammad Cofeewala vs State Of Gujarat on 5 May, 2026
NEUTRAL CITATION
R/CR.RA/523/2016 JUDGMENT DATED: 05/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST ORDER PASSED BY
SUBORDINATE COURT) NO. 523 of 2016
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Sd/-
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Approved for Reporting Yes No
-- No
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USMANGIRI MOHAMMAD COFEEWALA & ANR.
Versus
STATE OF GUJARAT
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Appearance:
PARIMALSINH PARMAR(7296) for the Applicant(s) No. 1,2
MS MONALI BHATT, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 05/05/2026
JUDGMENT
1. By filing this revision application, the applicant has prayed to quash and set aside the order dated 20.6.2016 passed by learned 3rd Additional Sessions Judge, Panchmahals at Godhra, below Exh.3 application qua Section 333, in Criminal Case No.86 of 2011.
2. The petitioners herein are the original accused in the offence registered as C.R.No.I-275/2004 before the Godhra Town Police Station for the offences punishable under sections 143, 147, 148, 332, 333, 186 and 427 of the Indian Penal Code and under section 3(1) of the Damages to Public Properties Act lodged by Mr. R. G. Patel, Police Sub Inspector, Godhra Town Page 1 of 6 Uploaded by R.S. MALEK(HC00180) on Wed May 06 2026 Downloaded on : Wed May 06 22:00:24 IST 2026 NEUTRAL CITATION R/CR.RA/523/2016 JUDGMENT DATED: 05/05/2026 undefined Police Station.
3. It is alleged in the complaint dated 4/8/2004 that, upon receiving information that the most wanted accused of the Godhra railway carnage, viz., Usman Abdulgani Cofeevala has come to his residence in Polan Bazar, Godhra and therefore, when the police personnel had gone to arrest him, the present petitioners and others in a mob of about 150 Muslim persons had, with a view to set free him, formed illegal assembly, armed with weapons, pelted stones and wooden pieces at the police personnel and thereby, caused injuries to them and thus, as alleged, the accused have committed the offences punishable under sections 143, 147, 148, 332, 333, 186 and 427 of the Indian Penal Code and under section 3(1) of the Damages to Public Properties Act.
4. The petitioners submit that thereafter, the police submitted the charge-sheet before the learned Judicial Magistrate First Class and the case was committed to the Court of Sessions and registered as Sessions Case No.86 of 2011 before the Sessions Court, Panchmahals, at Godhra.
5. Heard learned advocate for the petitioners and learned APP for the respondent-State.
6. Learned advocate for the petitioners submit that in the present case, since the ingredients of Section 333 of the IPC are not made out, the petitioners preferred discharge application, Exh.3 in Sessions Case No.86 of 2011, before the learned Sessions Judge, Panchmahals, Godhra, praying to Page 2 of 6 Uploaded by R.S. MALEK(HC00180) on Wed May 06 2026 Downloaded on : Wed May 06 22:00:24 IST 2026 NEUTRAL CITATION R/CR.RA/523/2016 JUDGMENT DATED: 05/05/2026 undefined discharge the petitioners only qua section 333 of the IPC and further prayed that, since the other offences alleged are magistrate triable offences, the case may be remanded to the lower Court, in the interest of justice. It is the case of the petitioners that provisions of Section 333 are wrongly invoked, since the injuries are simple in nature.
7. On the other hand, learned APP, has opposed the application and submitted that learned trial Court has not committed any error in passing the impugned order. She has prayed to dismiss present revision application.
8. Before proceeding to decide the case, this Court may refer to Sections 320 and 333 of IPC, which provides as under:-
"Section 320 - Grievous hurt The following kinds of hurt only are designated as "grievous":
1. Emasculation.
2. Permanent privation of the sight of either eye.
3. Permanent privation of the hearing of either ear.
4. Privation of any member or joint.
5. Destruction or permanent impairing of the powers of any member or joint.
6. Permanent disfiguration of the head or face.
7. Fracture or dislocation of a bone or tooth.
8. Any hurt which endangers life or which causes the sufferer to be during the space of twenty days in severe bodily pain, or unable to follow his ordinary pursuits.
Section 333 - Voluntarily causing grievous hurt to deter public servant from his duty.
Whoever voluntarily causes grievous hurt to any person being a public servant in the discharge of his duty as such public servant, or with intent to prevent or deter that person or any other public servant from discharging his duty as such public Page 3 of 6 Uploaded by R.S. MALEK(HC00180) on Wed May 06 2026 Downloaded on : Wed May 06 22:00:24 IST 2026 NEUTRAL CITATION R/CR.RA/523/2016 JUDGMENT DATED: 05/05/2026 undefined servant, or in consequence of anything done or attempted to be done by that person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
9. In light of the aforesaid provisions, it would be relevant to refer to the medical certificate annexed at Annxure-D with the present application, which reads as under:-
"Examined by Dr. C.K. Shik Certificate issued by Dr. OPD Case No. Indoor Case NO.
MLC No.2748/04 Date. 4.8.2004 This is to certify that Shri R.G.Patel came self/was brought to this hospital, with yadi/transfer note from PSI Godhra Town on 4.8.2004 at 7.45 p.m. for favour of examination and treatment with HO Vehicular assaulted with Stone by Safurabibi Usman at 2.30 p.m. today on examination following injuries noted.
(1) CLW 1/2" X 14" X 14" on Lt. Leg middle part front side.
(2) Tenderness Rt. Shoulder joint.
Treated on OPD basis.
In my opinion above injuries is simple and likely to be caused by hard blunt substance age of injury within 12 hours. Recovery will take about 10 to 14 days if no complicants arise.
Sd/- Illegible"
10. Over and above aforesaid certificate, along with additional affidavit filed on 18 th January 2017, certificates with regard to other public servants are produced at Annexure-R. Page 4 of 6 Uploaded by R.S. MALEK(HC00180) on Wed May 06 2026 Downloaded on : Wed May 06 22:00:24 IST 2026 NEUTRAL CITATION R/CR.RA/523/2016 JUDGMENT DATED: 05/05/2026 undefined The injuries mentioned therein are also simple in nature and, there is no injury, which can be termed as a grievous hurt as per the aforesaid provisions. Prima facie reading of the complaint as well as the investigation papers reveal that the accused persons have not caused any grievous hurt to a public servant. Even if we peruse the provisions of Section 332, the only different between these two provisions is "hurt" and "grievous hurt".
11. Not even a single injury, as mentioned in the medical papers, would fall in the category of "grievous hurt". Therefore, present application deserves consideration qua Section 333.
12. So far as case under Section 332 is concerned, it is triable by learned JMFC, while the case under Section 333 is triable by learned Sessions Judge. Not only that if the case is tried for offence under Section 333 of IPC, it will take away the right of the appeal of the applicants.
13. In the backdrop of above discussion, the discharge application filed by the present applicant-accused deserves consideration. The object of the discharge mechanism occupy a crucial position within the judicial process. It serves as a preliminary judicial filter that operates before the formal commencement of the trial. Its primary purpose is to ensure that the only cases supported by legal foundation proceed to trial, whereby upholding fairness for the accused, while preserving the judicial efficiency. It protects the individual from being forced into the rigors of full criminal trial, when the Page 5 of 6 Uploaded by R.S. MALEK(HC00180) on Wed May 06 2026 Downloaded on : Wed May 06 22:00:24 IST 2026 NEUTRAL CITATION R/CR.RA/523/2016 JUDGMENT DATED: 05/05/2026 undefined prosecution material does not disclose even prima facie case. This mechanism is essential to uphold the constitutional values of personal liberty and constitutional safeguards, which prevents the wastage of the judicial time and maintains balance between the prosecution and the defence to eliminate frivolous prosecution at the early stage. Discharge mechanism enhances the public confidence in the judicial system.
14. Resultantly, the present application deserves consideration and is required to be allowed. Accordingly, present application is allowed. The impugned order dated 20.6.2016 passed by learned 3rd Additional Sessions Judge, Panchmahals at Godhra, below Exh.3 application qua Section 333, in Criminal Case No.86 of 2011 is quashed and set aside, so far as present applicants are concerned. The applicants herein are discharged from the charges of Section 333 of IPC, however, during the course of investigation, if any 'grievous hurt' is found, it will be open for the prosecution to take appropriate recourse in accordance with law. Rule is made absolute accordingly.
Sd/-
(HASMUKH D. SUTHAR,J) R.S. MALEK Page 6 of 6 Uploaded by R.S. MALEK(HC00180) on Wed May 06 2026 Downloaded on : Wed May 06 22:00:24 IST 2026