DEEPAK CHANDRAKANT PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The prayer has been made under Articles 226 and 227 of the Constitution of India for issuance of a direction for carrying out an impartial and unbiased investigation by transferring investigation of the case to some other investigating agency. It is also prayed to get the value of the stolen property (timber) assessed by an expert valuer having botanical knowledge or by the Forensic Science Laboratory; and also to order initiation of judicial inquiry against the concerned police officials of Visnagar Taluka Police Station, who have directly or indirectly aided and abetted the main culprits.

(2.) The applicant, party-in-person, submitted before the Court that on 11.02.2019 he had approached Visnagar Town Police Station for the purpose of getting his oral complaint registered. After listening to his oral complaint, the police insisted that he should furnish the complaint in a typed form and in vernacular language. He submitted that he informed the police that he is paralytic patient and is also suffering from various ailments. However, the police insisted for a typed complaint in vernacular language. Therefore, on 12.02.2019, the applicant gave a written complaint wherein, it was stated that he had raised around 110 "Ardusa" trees at the edge of his land and that he is the owner of the said trees. Out of those trees, 65 gigantic trees were cut-off by Chandrakant Revabhai Chauhan and Manojkumar Chandrakant Chauhan with the help of one Veljibhai (Wood Cutter) without his knowledge on 03.02.2019 and 07.02.2019. The applicant was informed about the above act by his farm labourer and was also told that the timber has been sold to one Mr. Vadeji. The applicant was informed that the daughter-in-law of the main culprit, i.e. Chaturbhai @ Manojkumar Chandrakant Chauhan, is a Sarpanch. The applicant further stated that the Circle Officer from the Office of the Mamlatdar visited the place on 14.02.2019 and also carried out panchnama. He stated that at the place of offence, the stump of the trees shows that the trees were cut-off from their trunk. The Circle Officer also recorded the statement of the applicant. The applicant further stated that the police has not assessed the value of 68 trees in the proper perspective and according to him, the approximate value of the trees would be anywhere between Rs.5.50 Lacs to Rs.6.00 Lacs. The applicant stated that he has specifically named the suspects but, the police did not name them as accused in the complaint and have also under-assessed the value of the trees, which would affect his valuable right to claim the original value of the timber.

(3.) Heard the applicant, party-in-person. From the material produced on record, it appears that the complaint has been registered on 20.02.2019. The alleged offence is said to have been committed between 03.02.2019 to 07.02.2019. One Manojbhai Chandrakant Chauhan @ Chaturbhai has been named as accused. As per the record, charge-sheet has been filed and nine persons have been shown as witnesses.