Gujarat High Court
Premjibhai Naranbhai Dantreliya vs State Of Gujarat on 14 September, 2022
Author: Vaibhavi D. Nanavati
Bench: Vaibhavi D. Nanavati
R/SCR.A/9012/2017 ORDER DATED: 14/09/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 9012 of 2017
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PREMJIBHAI NARANBHAI DANTRELIYA
Versus
STATE OF GUJARAT & 1 other(s)
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Appearance:
MR N R DESAI(6504) for the Applicant(s) No. 1
MS NIDHI M SHETH(11043) for the Applicant(s) No. 1
MS M D MEHTA, ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
Date : 14/09/2022
ORAL ORDER
1. Heard Mr. Panthil Majmudar, the learned advocate appearing with Mr. N.R. Desai, the learned advocate appearing for the applicant and Ms. Maithili D. Mehta, the learned Additional Public Prosecutor appearing for the respondent - State.
2. The brief facts as stated by the applicant herein are that the victim deceased Naranbhai Devjibhai Dantrelia (Patel) was residing alone since last 17 years at his native place Page 1 of 13 Downloaded on : Sun Dec 25 01:50:20 IST 2022 R/SCR.A/9012/2017 ORDER DATED: 14/09/2022 Anandpur (Bhal) having two brothers viz. Ranchhodbhai and Ganeshbhai along with two sons and three daughters viz. (1) Premjibhai, (2) Nareshbhai, (3) Ranjanben Ambalal, (4) Madhuben Karsanbhai, (5) Rekhaben Prafulbhai all are residing at Ahmedabad.
2.1 On 28.09.2012 at about 7.10 a.m. Premjibhai Naranbhai came to know about the sad demise of Naranbhai through his brother Ghanshyambhai Jerambhai through his mobile. Hence, Premjibhai, his brother Naresh and sister Rekhaben along with the family members reached their native place Anandpur (Bhal) at 10.00 a.m. of 28.09.2012. Premjibhai was informed by Ghanshyambhai about the incident occurred which transpired into murder of his father Naranbhai having severe injury on the neck through sharp cutting instruments. Sarpanch Gopalbhai Mavubhai in presence of Premjibhai Naranbhai conveyed information to the police authority, Panshina Police Inspector through mobile message.
2.2 Hence, P.I. and his team came to the place of Page 2 of 13 Downloaded on : Sun Dec 25 01:50:20 IST 2022 R/SCR.A/9012/2017 ORDER DATED: 14/09/2022 incident at about 3.00 p.m. Premjibhai Naranbhai Dantrelia lodged the complaint regarding the murder of his father Naranbhai Devjibhai Dantrelia on the same day. The FIR came to be lodged being FIR No. I/083/2012 dated 28.09.2012 under the provisions of Sections 452, 302 of the Indian Penal Code and Section 135 of the G.P. Act at Panshina Police Station, which is duly produced on record at Annexure-I. 2.3 The Investigating Officer of Panshina Police Station has collected the various statements of witnesses, complainant and his family members under Section 161 of Criminal Procedure Code, 1973. Further, the investigating officer had collected various items i.e. mosquito net, pillow bed sheet and its cover blooded surrounding the coat where the victim deceased Naranbhai Devjibhai found dead under sound sleep severely injured with sharp weapon. It is further submitted that during the course of investigation the FSL staff as well as Dog's squad also visited the place of offence and accordingly muddamal recovery and Panchnama Page 3 of 13 Downloaded on : Sun Dec 25 01:50:20 IST 2022 R/SCR.A/9012/2017 ORDER DATED: 14/09/2022 (Inquest) were carried out on the same day between 4.00 to 5.30 p.m. 2.4 The C.P.I. Limbdi has also carried out polygraphic test of suspicious accused viz. Premjibhai Thobhanbhai Zapadia, Jayrambhai Jashrajbhai Dantrelia and Ghanshyambhai Jerambhai respectively as normal routine. The Panshina Police Inspector had also collected mobile data of the deceased Naranbhai Devjibhai whose mobile number being 9712546751. But the mobile data of suspicious accused Ghanshyambhai Jerambhai, Jerambhai Jashrajbhai as well as Ghanashyambhai Bavalbhai Vanecha whose police statements though contrary regarding place, time and presence of the persons at the time of opening the gate of the a low roofed house. It is further submitted that dog's squad did not conduct proper inquiry of smelling the articles collected from the place of offence. 2.5 The petitioner is aggrieved by the aforesaid investigation and demanded L.C.B. inquiry from the said branch wherein only police statements of witnesses have Page 4 of 13 Downloaded on : Sun Dec 25 01:50:20 IST 2022 R/SCR.A/9012/2017 ORDER DATED: 14/09/2022 been recorded but not examined the conflicting version of the various statements of the witnesses as well as neither Narco - test was conducted nor CRB reports of mobile data of suspicious accused in the subject matter was conducted and straightway final report under Section 173(2)(1) of Criminal Procedure Code, 1973 came to be filed. "A" Summary came to be filed by the investigating officer on 25.08.2013 which was forwarded to the Additional Chief Magistrate Court, Limbdi whereby Hon'ble Chief Judicial Magistrate First Class Limbdi ordered for conducting further investigation in the subject matter on 07.09.2013, which is pending before the Court of the learned Magistrate. The copy of the final investigation report and order thereon by the Hon'ble Court are duly produced on record at Annexure-II.
3. In view of the aforesaid facts, the applicant herein has approached this Court under Article 226 of the Constitution of India seeking the following reliefs, which reads thus :- Page 5 of 13 Downloaded on : Sun Dec 25 01:50:20 IST 2022
R/SCR.A/9012/2017 ORDER DATED: 14/09/2022 "(A) Be pleased to direct Respondent No.2 D.G.P. -
Gujarat State for entrusting the investigation of F.I.R. No. 83/2012 (Panshina Police Station) dated 28/9/2012, Tal. Limdi, Dist. Surendranagar to Spl. Crime Branch/State C.I.D. Branch for fulfilling the necessary and proper investigation in such a heinous crime of murder of the Petitioner's father in the interest of justice.
(B) Be pleased to pass necessary and appropriate order in the interest of justice which deems to be fit."
4. Ms. Maithili D. Mehta, the learned Additional Public Prosecutor appearing for the respondent - State has filed an affidavit in reply on behalf of the respondent dated 10.04.2018, relevant paragraphs reads thus :-
"4. The petitioner herein is the original complainant in the FIR in question and is also the Son of the deceased Naranbhai Devjibhai Dantreliya, and has preferred the aforesaid petition invoking extra ordinary writ jurisdiction of this Hon'ble Court under article 226 of the Constitution of India and has prayed for directions to entrust the investigation of the FIR I CR no. 38/2012 registered with the Page 6 of 13 Downloaded on : Sun Dec 25 01:50:20 IST 2022 R/SCR.A/9012/2017 ORDER DATED: 14/09/2022 Panshina Police station, to the Special Crime Branch / State CID Branch as may be deemed fit by the Hon'ble Court. It is mainly contended that the respondent no.1 herein has failed to carry out further investigation in such manner so as to trace real culprits for the heinous murder of his father.
5. At the outset, I humbly say and submit that none of the legal or fundamental rights of the petitioner herein are violated calling for any interference of this Hon'ble Court in extra ordinary writ jurisdiction of this Hon'ble Court. I humbly say and submit that the FIR in question bearing registration no. I CR no. 38 / 2012 came to be registered with the Panshina Police station on 28.09.2012, by the complainant namely petitioner - Premjibhai Dantraliya for the alleged offences punishable under section 452, 302 of the Indian Penal Code as well as section 135 of the Gujarat Police act thereby reporting about murder of his father by unknown persons. I further say and submit that the case papers of the investigation reveals that initial investigation was carried out by the Police Sub Inspector, Panshina Police Station. That from 22.01.2013, further investigation was taken over by Circle Police Inspector, Shri H. M. Page 7 of 13 Downloaded on : Sun Dec 25 01:50:20 IST 2022 R/SCR.A/9012/2017 ORDER DATED: 14/09/2022 Vala who had visited the spot and recorded statement of few witnesses. The investigation case papers reveals that in fact polygraphy test was also performed on the suspicious persons. However, since the crime had remained undetected and therefore, "A" summary report has been submitted with condition to continue with further investigation was tender to the Deputy Superintendent of Police, Limbdi being Summary report no. 09/2013, dt. 25.08.2013. That since the crime had remained undetected, the Superintendent of Police, Surendranagar has vide order N.R. - 544 / 14, dt. 23.01.2014, had handed over further investigation to Police Inspector, LCB Surendranagar and accordingly LCB had proceeded with further investigation from 28.01.2014.
6. I humbly say and submit that the petitioner herein has placed on record the investigation case papers as undertaken by the Police Inspector, Panshina Police Station as well as the Circle Police Inspector, however, I may crave leave of this Hon'ble Court to place on record, the additional material of the matter so far as investigation being undertaken by the LCB, Surendranagar is concerned. I humbly say and submit that after the statements Page 8 of 13 Downloaded on : Sun Dec 25 01:50:20 IST 2022 R/SCR.A/9012/2017 ORDER DATED: 14/09/2022 of witnesses were recorded, since the crime had remained undetected, Shri B. B. Bhagora, the Police Inspector, LCB, Surendranagar had submitted Final report in the nature of "A" summary report to the Learned Additional Chief Judicial Magistrate, Limbdi Court on 29.03.2015 and the same was also forwarded to the Deputy Superintendent of Police, Limbdi. Here with annexed and marked as AnnexureR-I is the copy of the said "A" summary report submitted on 29.03.2015. However, the said "A" summary report was not accepted by the Deputy Superintendent of Police, Limbdi and vide file notingsdated 21.04.2015, it was directed to collect final cause of death certificate from the concerned Medical Officer. Here with annexed and marked as AnnexureR-II is the copy of the said file notings dated 21.04.2015 of the Deputy Superintendent of Police, Limbdi. I humbly say and submit since the said instruction were received by the Panshina Police Station, and the further investigation was taken over by LCB, Surendranagar, upon submission of "A" summary report, the original investigation case papers were submitted to the Panshina Police Station. Thus, the inquiry about final cause of death was made by the concerned Police Inspector of Panshina Police Page 9 of 13 Downloaded on : Sun Dec 25 01:50:20 IST 2022 R/SCR.A/9012/2017 ORDER DATED: 14/09/2022 Station, wherein it is found that the post mortem of deceased was done by Panel of doctors of R R General Hospital, Limdi which consisted of Dr. Sumera S. Shah and Dr. K. C. Zala. That one of the panel doctor was not available as he was on leave having gone abroad. In such circumstances, the final cause of death certificate was not available. Thereafter, the concerned Officer of Panshina Police station has been transferred and in such circumstances, the medial certificate was not collected. However, when in the aforesaid petition, notice was issued by the Hon'ble Court, the LCB office was called upon whereby the Panshina Police station was requested to collect final cause of death certificate and on 14.03.2018, the said certificate has been collected. Here with annexed and marked as AnnexureR-III is the copy of the P.M. report with final cause of death of deceased.
7. That I have recently taken charge as Police Inspector, LCB, Surendranagar and therefore when the aforesaid matter was brought to my notice, I have once again recorded the statement of witnesses including the complainant who had given name of suspicious persons. The witnesses whose statements have been recorded by me include (1) Gopalbhai Page 10 of 13 Downloaded on : Sun Dec 25 01:50:20 IST 2022 R/SCR.A/9012/2017 ORDER DATED: 14/09/2022 Mavubhai Darjiya, (2) Rayanbhai Dhirubhai Gaami, (3) Premjibhai Zapadiaya (4) Narubhai Vajesang Rajput (5) Dilipbhai Ishwarbhai Ramani (6) Manubhai Mahadevbhai Patel (7) Narshibhai Mohanbhai (8) Ghanshyambhai Bavalbhai (9) Kalubhai Laxmanbhai Vanecha (10) Tribhovanbhai DevjibhaiVanecha (11) Ghanshyambhai Jerambhai Danteliya (12) Jerambhai Jasrajbhai Danteliya. That upon considering the aforesaid statements, more particularly, the complainant has given name of suspicious persons and therefore, I proposed to undertake narco analysis test of the said suspicious persons and in fact, I have recorded their consent for the same. Here with annexed and marked as Annexure R-IV collectively are the copies of the statements of the aforesaid witnesses. I further humbly say and submit that as an investigating officer, I am hopeful of getting some clue in case narco analysis report is available. Under the aforesaid facts and circumstances, I humbly pray to the Hon'ble Court to not to entertain the prayer of the petitioner at this stage, when the investigating agency proposed to undertake exercise of narco analysis on the suspected persons as suggested by the petitioner - original complainant."Page 11 of 13 Downloaded on : Sun Dec 25 01:50:20 IST 2022
R/SCR.A/9012/2017 ORDER DATED: 14/09/2022 4.1 Relying on the aforesaid affidavit, Ms. Maithili D. Mehta, the learned Additional Public prosecutor appearing for the respondent - State has submitted that since the proceedings are pending before the learned Judicial Magistrate First Class, Limbdi the applicant herein would be granted ample opportunity to put up his case and therefore, no interference is called for at this stage. It will be open for the applicant herein to challenge any order that may be adverse to the applicant if an order is passed which would be adverse to the rights of the applicant.
5. Having heard the learned advocates appearing for the respective parties, without going into the merits of the matter, in view of this Court, the opponent No.1 has filed an "A" summary on 25.08.2013 which has been forwarded to the Additional Chief Judicial Magistrate Limbdi. The Additional Chief Judicial Magistrate Limbdi ordered further investigation in the present subject matter on 07.09.2013. The report filed by the investigating authority is pending adjudication before the Judicial Magistrate, Limbdi. Page 12 of 13 Downloaded on : Sun Dec 25 01:50:20 IST 2022
R/SCR.A/9012/2017 ORDER DATED: 14/09/2022
6. In view of above, it will be open for the applicant herein to take all the contentions as available under the law, when the Court of the Chief Judicial Magistrate Limbdi takes up the application for adjudication.
7. In view of the aforesaid direction, the present application stands disposed of. Needless to say, since application being "A" summary No.09/2013 dated 25.08.2013 pending adjudication before the Court below, the said application be decided as expeditiously as possible after giving due opportunity to the informant in accordance with law.
(VAIBHAVI D. NANAVATI,J) Pallavi Page 13 of 13 Downloaded on : Sun Dec 25 01:50:20 IST 2022