MAHESH CHHOTUBHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this application under Article 226 of the Constitution of India r/w 482 of Criminal Procedure Code, the petitioner, - original accused has prayed for an appropriate order to quash the FIR being C.R. No. I 86 of 2007 of Jhagadia Police Station, Dist: Bharuch.

(2.) Petitioner is the member of the legislative assembly from Dediyapada Constituency in the Gujarat Legislative Assembly. An FIR is registered against the petitioner in Jhagadia Police Station on 28-5-07 being C.R. No.86 of 2007 for the offences u/s 186, 504, 212 r/w section 216 of the IPC. That the said complaint is given by the Police Inspector, Valia Police Station. It is alleged and averred in the complaint/FIR that on 28-5-07 at about 0:25 a.m., the complainant PSI, Valia Police Station got pucca information that one Paresh Babubhai Vasava resident of Bilatha, Tal: Jhagadia and others, accused with him in C.R. No.65 of 2007 of Valia Police Station for the offences u/s 147, 148, 149, 323, 325, 302, 435 and 427 had hidden themselves in the house of the petitioner, who is the husband of the sister of abovenamed Pareshbhai. The information received by the complainant was that said Paresh had parked his Qualis Jeep No. GJ.16.AA 717 near the house of the petitioner and was residing there. On the basis of the said information, the complainant and the raiding party including one DySP Ms Sujata Solanki, Police Inspector DD Damor of Jhagadia Police Station, Police Inspector VR Ganatra of Ankleshwar GIDC and other police officers made the entry in the Station Diary of Valiya Police station, they took panchas, who were also taken with the members of the raiding party and in Government vehicles they all went to the house of the petitioner. There they found that the information received by them that the abovementioned Qualis Jeep of abovenamed Pareshbhai was parked there is found true and therefore, they knocked the doors of the house of the petitioner for inquiring about the accused in the abovementioned C.R. No. 65 of 2007 of Valia Police Station. It is alleged in the FIR that the petitioner came near the doors of his residential premises and he made inquiries as to who were those persons who had come to his residential premises and knocked its doors. It is alleged that the petitioner was informed that they were the police who had come and the introduction of the complainant and his officers was given to the petitioner. The petitioner was also informed/told that they had come for inquiring about the accused Paresh Vasava on the basis of the information received by them and on the basis of the information that said Pareshbhai had taken refuge in his house and on the basis of this information, inquiry was to be made in the house of the petitioner. It is alleged in the complaint that on listening to this, the petitioner got irritated and with loud voice he asked them"...You police with whose permission you have entered in to the compound Have you got any permission or any warrant with you for making inquiry into my house I will not open the doors. I will not permit you to inquire into my house. As, I am the MLA, you have no authority to inquire into my house. I will file police case against you. I am talking to the Home Minister." It is further alleged in the complaint that while petitioner was saying this, 2 to 3 persons from the rear portion of the premises of the petitioner ran away towards the sim of the village in the dark night. It is alleged that despite all the efforts made by the police, those persons who had run away could not be apprehended. It is alleged in the complaint that on the basis of the aforesaid circumstances, it was certain that those persons who had run away were Paresh Vasava and other co-accused and therefore, the Police Inspector, Valiya Police Station,-the complainant has filed the aforesaid complaint, which was registered initially with Valiya Police Station at 3:55 a.m. on 28-5-07 being zero number FIR and thereafter, the same was transferred to Jhagadiya Police Station which was registered by the PSO, Jaghadiya Police Station at 5:30 a.m. on 28-5-07 being C.R. No. I 86 of 2007.

(3.) It is further alleged that the petitioner made false allegations against the police and knowingly and intentionally permitted those persons who were accused in serious offence to take shelter in his house and prevented the police from inquiry into his house and thus, obstructed the police from performing their lawful duty. He gave threats and made false allegations and knowingly gave an opportunity to those persons who were accused to run away. Thus, it is alleged that he has committed the offence u/s 186, 504, 212, 216 of the IPC. Being aggrieved by the same, the petitioner, - original accused has preferred the present application u/s 482 of Criminal Procedure Code to quash and set aside the aforesaid FIR.