RAMESHBHAI PANDURAO HEDAU Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Leave granted.

(2.) The Appellant is the elder brother of the deceased, Kamleshbhai, whose dead body was found near Govindbhai Ghat on Sarkhej Narol Highway on 17th October, 2006. At the time of his death, Kamleshbhai was serving with M/s Airstate International Courier and his usual working time was from 1.00 p.m. to 7.00 p.m. On 17th October, 2006, on receipt of information, the Appellant went to the above-mentioned spot and found the dead body of his brother. On 17th October, 2006 itself, post- mortem was conducted by the Medical Officer of the Civil Hospital, Ahmedabad. After the post-mortem examination was conducted, the opinion of the doctor as to the cause of death was kept pending till the reports from the FSL and HTP were made available. On 21st December, 2006, upon receipt of the said reports, the Medical Officer was of the opinion that the cause of death of the deceased was on account of cardio-respiratory arrest due to lungs pathology. In other words, Kamleshbhai's death was not found to be unnatural but as a result of natural causes. The Investigating Officer had also occasion to record the statements of the Appellant, his relatives and others. On the basis of the said statements and the report of the post- mortem examination, the investigation was closed by the Investigating Officer attached to Vatva Police Station.

(3.) Dissatisfied with the closure of the investigation, the Appellant filed a complaint before the Metropolitan Magistrate No.20 at Ahmedabad on 17th April, 2007, which was numbered as Enquiry Case No.17 of 2007. In the complaint, the Appellant alleged that offences had been committed under Sections 302, 114 read with Section 120-B Indian Penal Code and prayed for an order to be passed for an inquiry under Section 156(3) Cr.P.C. for taking action against the accused. Instead of directing an investigation to be conducted by higher police officials under Section 156(3) Cr.P.C., the learned Metropolitan Magistrate by his order dated 17th April, 2007, postponed the issuance of process and kept the complaint for Court inquiry, in accordance with Section 202 Cr.P.C.