Gujarat High Court
Bhagiratsinh Jayvantsinh Jadeja vs State Of Gujarat & 2 on 23 December, 2014
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/SCR.A/4422/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 4422 of 2014
With
SPECIAL CRIMINAL APPLICATION NO. 4548 of 2014
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BHAGIRATSINH JAYVANTSINH JADEJA....Applicant(s)
Versus
STATE OF GUJARAT & 2....Respondent(s)
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Appearance:
KHUSHI P JADAV, ADVOCATE for the Applicant(s) No. 1
MR PM LAKHANI, ADVOCATE for the Applicant(s) No. 1
MRS R P LAKHANI, ADVOCATE for the Applicant(s) No. 1
PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 23/12/2014
COMMON ORAL ORDER
As the issue involved in both the captioned applications is the same, those were heard analogously and are being disposed of by this common judgment and order.
By these applications under Article 226 of the Constitution of India, the applicants, retired Police Officers, complain of the inaction on the part of the higher police authorities in not considering their representations dated 7 th March 2014 addressed to the Director General of Police, Gandhinagar.
It appears from the materials on record that the complaint is with regard to the illegal arrest of the two Page 1 of 3 R/SCR.A/4422/2014 ORDER applicants herein in connection with the offence registered with the Vadodara city Gorva Police Station vide CR No.I-37 of 2006 for the offence punishable under the NDPS Act.
Mr.Lakhani, the learned advocate appearing on behalf of the applicants, submits that the Director General of Police has already passed an order directing the Additional Director General of Police to look into the matter and proceed further in accordance with law.
The learned advocate has drawn my attention to the communication dated 18th July 2014 addressed by the Director General of Police, which reads thus :
"MOST IMMEDIATE No.G-1/Crime/4660/2014 July 18, 2014 Gorva Police Station (Baroda City) II CR No.37/06 u/s.8C, 15, 18, 20, 29 of the NDPS Act and u/s. 471, 467, 419, 120B IPC.
Office Memorandum Placed below are two applications (in original) dated 18-07- 2014, submitted to the undersigned personally by Shri JN Rajgor, Retd. Superintendent of Police and Shri BJ Jadeja, Retd. Dy.Superintendent of Police, Enquiry in both the matters be assigned to a capable officer under the direct and active supervision of Shri JK Bhatt, IPS, IG of Police (Crime). While entrusting the enquiry, it may be kept in mind that the officer(s) entrusted with this enquiry should not have been, in any way, involved with the investigation of the case in the past, as requested by the applicants.
The time-limit of 30 days may strictly be adhered to in completing the enquiry and submitting report.Page 2 of 3
R/SCR.A/4422/2014 ORDER
Encl: a/a.
( P.C. THAKUR )
Director General of Police.
To
Shri Pramod Kumar, IPS
Addl.DG of Police, CID (Crime)."
It appears that thereafter many reminders have been given from the office of the Director General of Police. Those are at Annexure-G at pp.39, 59 and 64.
In view of the above, the Additional Director General of Police, CID (Crime), is directed to look into the two applications dated 18th July 2014 filed by the applicants herein and complete the inquiry in that regard in accordance with law within a period of two months from today.
With the above observations and directions, these applications are disposed of.
I clarify that I have otherwise not gone into the merits of the matters.
Direct service is permitted.
(J.B.PARDIWALA, J.) MOIN Page 3 of 3