Gujarat High Court
Ramjibhai Mangabhai Sondarava ... vs State Of Gujarat & 5 on 1 December, 2017
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/CR.MA/27592/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (DIRECTION) NO. 27592 of 2017
In
SPECIAL CRIMINAL APPLICATION NO. 9156 of 2016
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RAMJIBHAI MANGABHAI SONDARAVA THRO-NANJIBHAI MEPABHAI
SONDARAVA....Applicant(s)
Versus
STATE OF GUJARAT & 5....Respondent(s)
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Appearance:
MR. BHARGAV K MEHTA, ADVOCATE for the Applicant(s) No. 1
MR DHARMESH DEVNANI, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 01/12/2017
ORAL ORDER
1 By this application, the applicant has prayed for the following reliefs:
"11A. This Honourable Court may be pleased to admit and allow this petition.
B. This Honourable Court be pleased to direct the respondent No.3 District Superintendent of Police, STSC Cell, Rajkot to forthwith comply with the direction issued by this Hon'ble Court in Special Criminal Application No.9156 of 2016 dated 01.12.2016 and by looking into the chargesheet all the main accused persons are high handed and politically powerful therefore not named in the chargesheet therefore Hon'ble Court be pleased to issue writ of mandamus or any other appropriate writ order or direction by transferring investigation of ICR. No.50 of 2016 registered at Kotda Sangani Police Station to C.I.D. (Crime), Ahmedabad forthwith Page 1 of 5 HC-NIC Page 1 of 5 Created On Fri Dec 01 23:56:33 IST 2017 R/CR.MA/27592/2017 ORDER for carrying out impartial, fair investigation to look the real conspirators in the offence, for the reasons stated in the memo of the petition and conduct a neutral investigation so as to achieve the object of finding the truth.
C. This Honourable Court be pleased to direct the respondent No.4, 5 and 6 to arrest chargesheeted accused persons who are shown wanted but actually there are other cases against accused persons and two complaints filed by CRI13/17 on 23/06/2017 and CR No.30/2017 on 29/09/2017 u/s 143, 323, 504, 506(2), u/s 3(1)(R)(S) of Atrocities Act forthwith comply with the direction issued by this Hon'ble Court in Special Criminal Application No.9156 of 2016 dated 01.12.2016 and by looking into the chargesheet and representation it is clear that all the main accused persons are high handed and politically powerful therefore not named in the chargesheet as per representations by the applicant therefore Hon'ble Court be pleased to issue writ of mandamus or any other appropriate writ order or direction by transferring the investigation of IC.R. No.50 of 2016 registered at Kotda Sangani Police Station to C.I.D.(Crime), Ahmedabad forthwith for carrying out impartial, fair investigation to book the real conspirators in the offence, for the reasons stated in the memo of the petition and conduct a neutral investigation so as to achieve the object of finding the truth.
D. That this Hon'ble Court be pleased to order initiation of proceedings against the erring police officers who have disregarded and flouted the order passed by this Hon'ble Court dated 01.12.2016 in Special Criminal Application No.9156/2016 by not complying with the direction issued by this Hon'ble Court to look into the representations dated 03.11.2016, 07.11.2016 and 27.10.2017 at AnnexureA of the date of the incidence and conduct a neutral investigation so as to achieve the object of finding the truth.
E. This Honourable Court be pleased to pass such other and further
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orders, as this Honourable Court may deem fit and proper in the facts and circumstances mentioned above.
F. This Honourable Court be pleased to award costs of this petition."
2 The main matter i.e. the Special Criminal Application No.9156 of 2016 came to be disposed of by this Court vide order dated 1 st December 2016 in the following terms:
"1. By this writ application under Article 226 of the Constitution of India, the writ applicant has prayed for the following reliefs;
(A) Your Lordships may be pleased to issue writ of mandamus and /or any other appropriate writ order or direction by transferring the investigation of IC..R. No.50 of 2016 registered at Kotda Sangani Police Station to C.I.D (Crime), Ahmedabad forthwith, for carrying out impartial, fair investigation to book the real conspirators in the matter/ offence, for the reasons stated in the memo of the petition.
(B) Your Lordships may be pleased to issue writ of mandamus and/or any other appropriate writ order or direction directing the District Superintendent of Police, Rajkot (Rural) and Police Inspector, Kotda Sangani Police Station to provide 24 hours protection to the petitioner and their family who are residing at, Manekwada at and post: Kotda Sangani, Tal: Kotda Sangani, Dist:
Rajkot for the reasons stated in the memo of the petition.
(C ) Pending admission, hearing and final disposal of the present petition, by way of interim relief, Your Lordships be pleased to direct the Superintendent of Police, Rajkot (Rural) to forthwith take over the investigation from the Kotda Sangani Police Station registered being IC.R. No.50 of 2016, otherwise the P.I. and P.S.I of Kotda Sangani Police Station will file affidavit before the learned Court that there is a minor injury, therefore, the learned Court will grant bail, though the injuries are very severe and serious in nature, for the reasons stated in the memo of the petition.
(D) Your Lordships may grant adinterim relief in terms of prayer clause (C ).
(E) Your Lordships may pass such other and further orders as this Honble Court may deem fit and proper in favour of the petitioners Page 3 of 5 HC-NIC Page 3 of 5 Created On Fri Dec 01 23:56:33 IST 2017 R/CR.MA/27592/2017 ORDER in the interest of justice and circumstances of the case.
2. The respondent No.4District Superintendent of Police, Rajkot shall treat this writ application as a representation and look into the matter at the earliest in accordance with law.
3. With the above, this writ application is disposed of. I clarify that I have otherwise not gone into the merits of the matter.
Direct service is permitted."
3 The main grievance voiced by the applicant herein is that one of the accused by name Mahendrasinh Jadeja has not been arrested so far and is absconding. Pursuant to the notice issued by this Court, Ms. Shruti Jadeja, the Deputy Superintendent of Police, Rajkot Rural, STSC Cell, is present in the Court with the papers of the investigation. The officer pointed out that this is a case of cross F.I.Rs. The investigation of both the F.I.Rs. has been completed and chargesheets have been filed in both the cases. The officer further pointed out that so far as Mahendrasinh Jadeja is concerned, he was evading arrest, and therefore, a nonbailable warrant was obtained from the Court concerned for his arrest. The nonbailable warrant, ultimately, came to be executed and Mahendrasinh Jadeja was arrested. Later, he was released on bail by the Court concerned. After his arrest, a supplementary chargesheet also came to be filed. It appears that the investigation has been completed. Both the cases are now pending before the Court of the Magistrate for the purpose of committal. Once both the cases are committed to the Court of Sessions, thereafter, it is for the Sessions Court to look into the matter. Nothing further is necessary to be done at this stage.
4 With the above, this application is disposed of.
(J.B.PARDIWALA, J.)
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chandresh
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