LAWS(GJH)-2020-8-52

SHEIKH SALIM SHEKHBABU Vs. STATE OF GUJARAT

Decided On August 05, 2020
Sheikh Salim Shekhbabu Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) The First Information Report came to be lodged being I- CR No. 111960122061 of 2020 on 06.07.2020 at Fatehganj Police Station, Vadodara City for the offences punishable under Sections 302 , 201 , 203 , 204 and 34 of the Indian Penal Code. Mr. S.G.Patil, Additional Commissioner of Police, E- Division is the first informant. The investigation of the said FIR is also handed over to the ACP, B-Division, Vadodara City.

(2.) On 21.07.2020, we directed the addition of Section 302 instead of Section 304 of the IPC as the Additional Police Commissioner Mr. Patil agreed to add the said provision before this Court. It is given to understand that such a report has already been made before the Court concerned on 30.07.2020.

(3.) The request came on the part of learned advocate for the petitioner Mr. Kazi to change the investigating agency with a grievance that till date, not a single accused has been arrested although all of them are police officers and police personals. His grievance is that the corpus is not available till date and although Section 302 of the IPC is agreed to have been added, there is no clarity about anything. He further submits that one of the Police Inspectors who has been arraigned as an accused in this FIR has approached this Court seeking quashment of FIR qua him under Section 482 of the Code of Criminal Procedure by preferring F/Criminal Misc. Application No. 16291 of 2020.