HAJI ABDUSSATTAR ABDULLAH TASIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Criminal Revision Application No.12 of 2009 has been filed by the petitioners challenging an order dated 17.10.08 passed by the learned Additional Sessions Judge, Godhra. By the said order, the learned Judge was pleased to reject the application Ex.205 filed by the petitioners seeking further investigation in pending Sessions Case No.108/03.

(2.) The State has also preferred separate Revision application challenging the very same order being Criminal Revision Application No.164 of 2009. Since there was delay of 46 days in filing such application, Misc. Criminal Application No.4687 of 2009 has been filed seeking condonation of delay, which has been allowed condoning the delay. Since the issues are identical, Criminal Revision Application No.164 of 2009 is also taken up for hearing along with Criminal Revision Application No.12 of 2009. Rule. Learned APP Shri KJ Pahchal waives service of rule on behalf of respondent State in Criminal Revision Application No.12 of 2009 and Shri MTM Hakim waives service of rule on behalf of the respondents in Criminal Revision Application No.164 of 2009.

(3.) Sessions Case No.108/03 pertains to alleged incidents of riots post Godhra incident for which a complaint was lodged on 28.2.2002. The complainant Shri R.J.Patil, Senior Police Sub-Inspector, Kalol Police Station has stated, inter alia, in the complaint that on 28.2.02, pursuant to the bandh call given by certain organizations, he along with other police personnel was doing the rounds to keep the law and order situation under control at Kalol. At Delol village, mob of 500 persons had gathered causing destruction to the property. To disburse such crowd, he had to resort to firing. This happened in the early part of morning hours. At about 12.30 hours, behind Kalol Bus stand, crowd of about 600 to 700 persons has started causing destruction where also he had to resort to firing before which some shops, cabins, houses and slums were set on fire. Some scooters and trucks were also burnt down.