PRAMODBHAI CHATURBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The applicant herein is the original complainant who has lodged a first information report being IC.R.No.322 of 2006 with Satellite Police Station for commission of the offences punishable under sections 143, 147, 148, 149, 395, 427 and 447 of the Indian Penal Code and section 135 of the Bombay Police Act. Prior to lodgment of the said first information report, an application was given by the applicant to the very Police Station apprehending forcible dispossession from the property of his wife by the respondentsaccused. It is the case of the applicant that his apprehension appears to be genuine and the respondentaccused made serious attacks with deadly weapons and two persons from the side of the applicant received grave injuries.

(2.) Subsequently, the offences under sections 307 and 397 of the Indian Penal Code, so also under section 25(1B)(a) of the Indian Arms Act, came to be added in the report dated April 02, 2006, submitted by the Investigating Officer. It is the grievance of the applicant that the investigation was not carried out in right direction and the Police Department was handinglove with the respondentsaccused. Several representations made to the higher officers failed to the deaf ears. Various instances have been given to substantiate such allegations. First and the foremost grievance of the applicant is that allegedly forged documents were used as genuine documents by one of the accusedKanubhai C. Bharwad and on the strength of which he filed the Civil Suit. They were not collected during the course of investigation. Likewise, the revolver of the applicant which was allegedly robbed away by the accused and the vehicle used in the commission of the offence were not recovered/ discovered. It is after many attempts that the accused were arrested.

(3.) After a number of representations, the investigation was transferred to the State CID Crime, Gandhinagar. After such transfer, the warrant was issued against the said Kanubhai Bharwad under section 70 of the Code of Criminal Procedure, 1973, and his arrest on May 03, 2006, against the present applicant and others, the first information report came to be lodged being IC.R. No.450 of 2006 with Satellite Police Station, Ahmedabad, for the offences punishable under section 143, 148, 149, 395, 497 and 307 of the Indian Penal Code and section 135(1) of the Bombay Police Act as well as section 25(1B)(a) of the Indian Arms Act. It is also averred that the Investigating Officer concluded that the said accused Kanubhai Bharwad and others were not the owners/ purchasers of the land in question being the land bearing Survey Nos.1252 and 1253 situated at village Vejalpur. To establish their possession over the land, the assault was made for which the first information report being IC.R. No.322 of 2006 was lodged. It is also further noticed by the Investigating Officer that the FIR of the accused was a counterblast to the applicant's FIR and, therefore, 'B' summary has been filed. It is the grievance of the applicant that after nearly five years on April 07, 2011, a supplementary chargesheet came to be laid before the Court. The same had been committed to the Court of Sessions and the charges were framed against the accused.