Gujarat High Court
Mukeshbhai Khemchandbhai Patel & vs State Of Gujarat & 3 on 15 September, 2015
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/SCR.A/5255/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION (DIRECTION - TO LODGE
FIR/COMPLAINT) NO. 5255 of 2015
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MUKESHBHAI KHEMCHANDBHAI PATEL & 1....Applicant(s)
Versus
STATE OF GUJARAT & 3....Respondent(s)
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Appearance:
MR BHARAT T RAO, ADVOCATE for the Applicant(s) No. 1 - 2
PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 15/09/2015
ORAL ORDER
1. By this writ application under Article 226 of the Constitution of India, the petitioners, residents of Patan, have prayed for the following reliefs;
(A) To issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, directing the respondent nos.1 & 2 to forthwith register complaint of the petitioners independently in pursuance to written complaint dated 27.8.2015 under Sec.395, 307, 120-B, 390, 391, 337, 441 of I.P.C and Sec. 3(1)(10) of Prevention of Atrocity Act and direct that the investigation may be carried out by an officer not below the rank of D.S.P. CID Crime, Gujarat State and to file interim report of the investigation within 15 days from the date of order;
(B) To issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, directing the respondent nos.1 & 2 to constitute Committee comprising of Collector, Page 1 of 4 HC-NIC Page 1 of 4 Created On Wed Sep 16 02:14:29 IST 2015 R/SCR.A/5255/2015 ORDER Superintending Engineer, R&B and Private Valuer to submit report of the damage caused to M.K. Education Campus and direct the Government to pay the amount of such loss to the Vitthal Prabhu Education Trust forthwith which is caused on account of failure on the part of the respondent nos.3 & 4 to discharge their statutory duties to protect the lives and properties of citizens.
(C ) To issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, directing the respondent nos.1 & 2 to forthwith initiate departmental inquiry against the respondent nos.3 & 4 for negligence in discharge of their statutory duties and dereliction of duties and causing damage to the petitioners' properties at the instance of political leaders who have hatched conspiracy to damage the properties of the petitioners forthwith transfer both of them outside Patan District to a non-sensitive place.
(D) To issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, directing the respondent nos.1 & 2 to forthwith provide adequate police protection for minimum two months at the cost of government at the M.K.Education Campus, Matarwadi Road, Patan as the mob has threatened that they will once again damage the properties of the Trust.
(E) Pending admission, hearing and final disposal of the present petition, Your Lordships be pleased to grant interim and ad-interim relief in terms of Paras-51(a) to 51(d) of the petition.
(F) YOUR LORDSHIPS may pass such other and further orders as this Honourable Court may deem fit and proper in favour of the petitioners in the interest of justice and circumstances of the case."
2. This is one more case, prima facie, indicating police atrocities. The allegations levelled in this petition are very serious. The petitioners have adduced the necessary materials to fortify their allegations against the police officers responsible for what has been alleged in this petition.
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R/SCR.A/5255/2015 ORDER
3. Without going further into the merit of the case, I deem fit to issue the following directions;
(i) The petitioners shall personally remain present tomorrow, i.e., on 16.9.2015 before the Police Inspector of the Patan Police Station.
(ii) Either the petitioner No.1 or the petitioner No.2 shall lodge the first information report as regards the incident that occurred on 26th August, 2015.
(iii) The Police Inspector of the Patan Police Station is hereby directed to register the first information report tomorrow, i.e., on 16th September, 2015 without causing any trouble to the petitioners.
(iv) The first information report shall be registered in accordance with law and, thereafter, the same shall be forwarded to the CID Crime, State of Gujarat for investigation.
(v) The C.I.D Crime, State of Gujarat, on receipt of the first information report, is hereby directed to immediately start with the investigation.
(vi) The materials in the form of compact disc and photographs, which are on record, shall be handed over to the CID Crime, State of Gujarat.
(vii) No undue harassment shall be caused to the petitioners herein as well as to the witnesses in the course of the investigation of the matter so far.
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R/SCR.A/5255/2015 ORDER
(viii) So far as the issue of compensation for damage to the property is concerned, the same is kept open for the petitioners to agitate in future before the appropriate forum in accordance with law.
4. With the above observation and directions, this petition is disposed of.
Direct service is permitted today.
(J.B.PARDIWALA, J.) Vahid Page 4 of 4 HC-NIC Page 4 of 4 Created On Wed Sep 16 02:14:29 IST 2015