SHAILESHKUMAR LABHSHANKAR PANDYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Mr. Mitesh Amin, learned Public Prosecutor waives the service of notice of Rule for the respondent. Considering the facts and circumstances of the case, the petition is being heard and decided finally, at this stage, with the consent of the learned counsel for the respective parties. This petition under Articles 226 and 227 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973 ("the Code") has been preferred by the petitioner, who is accused No. 3, in Sessions Case No. 35 of 2001, pending before the Court of learned Additional Sessions Judge, Khambhalia, District: Jamnagar, with the following prayers:

(2.) IN order to appreciate the contentions raised in the petition, a brief factual background would be necessary. Widespread communal violence, including incidents of loot, arson and rioting, took place at Jamjodhpur on 30.10.1990. A police team was deputed to control the riots. One hundred and thirty three persons were arrested from the mob, including one Amrutlal Madhavji Vaisnani, the complainant, and Prabhudas Madhavji Vaisnani, the brother of the complainant (deceased). The deceased was remanded to judicial custody along with the other accused persons. On 01.11.1990, the deceased complained to the jail authorities about back pain and was treated by the jail doctors. Thereafter, on 03.11.1990, the deceased was sent to the Government Hospital and ultimately, he died on 18.11.1990, in the hospital. The body was handed over to his brother, the complainant, without any medico legal case being registered or postmortem being conducted. The death certificate was issued by the hospital authorities, stating that the cause of death is acute renal failure with cardio respiratory arrest. An application was moved for conducting the postmortem, which was registered as an FIR, being, C.R. No. 1102/1990, at Jam Jodhpur Police Station, against seven police officers, including the present petitioner, for offences punishable under Sections 302, 323, 506(1) and 114 of the Indian Penal Code, for the death of Prabhudas Vaisnani. The said FIR was then sent to the CID Crime, which investigated it. Thereafter, the CID Crime submitted a 'C summary report to the learned Judicial Magistrate, First Class, Jam Khambhalia, on 20.12.1995. The State Government challenged the aforesaid order before the Sessions Court, Jamnagar, by filing Criminal Revision Application No. 21 of 1996.

(3.) IT appears that in the interregnum, a number of applications were submitted and proceedings initiated, by other accused persons in various courts.