LAWS(GJH)-2010-2-216

USMANGANI GULAMMAHOMMAD VOHRA Vs. DISTRICT SUPERINTENDENT OF POLICE

Decided On February 24, 2010
USMANGANI GULAMMAHOMMAD VOHRA Appellant
V/S
DISTRICT SUPERINTENDENT OF POLICE Respondents

JUDGEMENT

(1.) The petition is directed against an order dated 5.8.2003 passed by learned JMFC, Anand in a private complaint dated 16.3.2002.

(2.) It is the case of the petitioner that in his village on 3.3.2002, post Godhra incident, there was large scale rioting, looting and destruction by a mob. Several houses of minority community were vandalized, looted and destroyed. Though the petitioner filed complaint before the police about this incident on 12.3.2002, police did not register it as FIR. He and several other persons therefore, filed private complaints before the Magistrate. Learned Magistrate, Anand ordered police investigation under Section 156(3) of the Code of Criminal Procedure of such complaint. However, thereafter an application was filed before the Magistrate by the concerned police officer, that investigation into the same allegations is going on in FIR No. 33/2002 and therefore, all private complaints should be closed. On this application, learned Magistrate on the same day passed order observing that despite service of notice, complainants are not present. Further that report has been made, FIR No. 33/2002 has been registered and investigation has been carried out. Present complaint is therefore, no longer maintainable. Same is ordered to be filed.

(3.) It is the case of the petitioner that order passed by the Magistrate is without authority; that FIR No. 33/2002 does not cover all allegations made in the private complaints. Names of accused have also not been disclosed. In any case, even if Section 210 of the Code of Criminal Procedure is applicable, Magistrate has no power to dismiss the complaints. Private respondents who are complainants with other complainants have filed affidavits supporting the petitioner's case.