SAIYED MEHMOOD HUSSEIN MULLAJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD learned advocate Mr.M.M.Tirmizi for the petitioner in Criminal Revision Application and respondent No.1 in both the Criminal Misc.Applications, Mr.Utpal M.Panchal for the accused, who has preferred Criminal Misc.Application No.14306 of 2010 to join him a respondent as well as Criminal Misc.Application No.11493 of 2013 for regular bail and learned APP Ms.Moxa Thakkar for respondent State in all the matters.

(2.) PETITIONER herein is original complainant. One F.I.R being C.R No.I -5 of 2009 was filed with Kosamba police station for the offences punishable u/ss.302 and 324 of the IPC r/w.Section 135 of the Bombay Police Act on 15.1.2009. It is alleged in such F.I.R that one Hassankhan @ Hassan Boss Hussainkhan Pathan had given fatal blow to victim Nasir Chand Saiyed, which resulted into death of Nasir Chand Saiyed during the treatment. It is alleged by the petitioner complainant that though the name of other accused were disclosed during investigation before the police and though victim himself has stated in an interview taken by a TV Channel, disclosing that four persons have assaulted him, police has filed chargesheet only against one person, namely, Hassankhan @ Hassan Boss Hussainkhan Pathan. It is further stated that complainant and his family members have given categorical statement to the investigating agency and given in writing to several authorities about the presence of other persons, namely, Taslim Hussain Pathan, Salim and Asif and their role of beating the victim at the relevant time. However, since police has filed chargesheet only against one person, during trial complainant and witnesses have categorically deposed before the Sessions Court about the involvement of aforesaid additional three persons with their role in the commission of an offence.

(3.) RELYING upon such evidence, applicant complainant has by an application at Exh.13 in Sessions Case No.99 of 2009 before the District and Sessions Judge, Surat applied for reinvestigation u/s.173(8) of the Cr.P.C.