BHAGWANDAS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present Criminal Revision Application under Section 397 read with Section 401 of Code of Criminal Procedure,1973, the petitioner has challenged the legality and validity of an order passed by learned Additional Sessions Judge, City Civil Court, Ahmedabad dated 29.8.2019, whereby the application submitted under Section 227of the Code of Criminal Procedure came to be dismissed while passing an order below Exh.2 in Sessions Case No.423 of 2018.

(2.) The case of the petitioner is that with respect to the incident in question, occurred on 14.7.2011, at 14.15 hrs, on the public road, near Madrasi Mandir, Hatkeshwar, Amraiwadi, Ahmedabad, for which a complaint is lodged, being C.R.No.I-310 of 201l filed by one Rajesh @ Raju Rameshbhai Kamle (Marathi) lodged before Amraiwadi Police Station, Ahmedabad city for the offences under Sections 143, 147, 148, 302, 307, 323 and 120B of the Indian Penal Code and Section 135(1) of the Bombay Police Act. Pursuant to the investigation, the police submitted charge-sheet against one Mr. Nikhilsing, alias Kancho, alias Raj Harshadbhai Vaghela and then the case was registered as Sessions Case No.274 of 2012. Simultaneously, the police also filed charge-sheet against three other persons, namely Satyendra Mahendrabhai Jain, Vijay Rajendrabhai Sharma and Sonu Bhagwandas, alias Paki Agrawal and the case was registered as Sessions Judge No.275 of 2012. The police also filed a charge-sheet against one juvenile delinquent Balbirsing, alias Kalu Hanumansinh Rajavat in the Juvenile Court. The said two cases namely Sessions Case No.274 of 2012 as well as Sessions Case No.275 of 2012 tried before the Sessions Court for the aforesaid offences against those respective accused persons and by giving benefit of doubt, an order of acquittal came to be passed vide judgment and order dated 22.7.2014. According to the petitioner, in the said judgment, at page 68 operative part, it is mentioned that it is not certain whether trial of the juvenile is disposed of or not and moreover, it is also mentioned that absconding accused Bhagwandas @ Pappu, S/o. Sureshchandra Agrawal, i.e. present petitioner, could not be arrested and so muddamal of the case was ordered to be preserved in the same position.

(3.) According to the petitioner, it is after that, Amraiwadi police arrested the petitioner on 10.11.2017 at around 23.15 hrs. and produced him before Metropolitan Magistrate, Ahmedabad City, who remanded the custody and later on, granted bail to the petitioner by passing an order in Criminal Misc. Application (Regular Bail) No.1915 of 2018. It is the further case of the petitioner that present petitioner has no connection with the alleged incident in question which took place on 14.7.2011, still unjustifiably, the petitioner came to be arrested and after completion of the investigation, supplementary charge-sheet came to be filed in the Court of learned Metropolitan Magistrate, Ahmedabad city and the criminal case was registered as Criminal Case No.19714 of 2017.