HARERAMBHAI PUNJABHAI CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocates for the parties. In this petition under Section 482 of the Code of Criminal Procedure, 1973, prayer is made to quash the criminal complaint qua present petitioner being C.R.No.I-164 of 2012 registered with Bhuj Taluka Police Station, Kutch, for the offence punishable under Section 454, 457, 380 and 427 of the Indian Penal Code and the criminal case being Criminal Case No.5391 of 2013 pending before the Court of learned JMFC, Bhuj, which is registered pursuant to the aforesaid complaint.

(2.) Brief facts for deciding the case are as under:-

(3.) The petitioner, a Principal of Primary School at Bhuj was the original complainant, who lodged a complaint against unknown persons when at the end of vacation while reopening the school on 11.6.2012, he found grill of the window of the computer room broken and computer and stabilizer were not at the place and other computers were damaged. Later on when investigation commenced, one police constable, Dharamendrasinh Chauhan and other police personnel came to the house of the petitioner on 14.6.2012 and took him to the police station by saying that statement of the petitioner was to be recorded with regard to the offence and the petitioner was beaten mercilessly for which some evidence in the form of photographs is produced on the record, to which reference will be made later on. It is also a fact that the petitioner was hospitalized by the neighbours at G.K.General Hospital at Bhuj in unconscious condition and thereafter he was harassed by the police authority. The petitioner also lodged a complaint against the Dharamendrasinh Chauhan on 17.6.2012 being C.R. No.II-187 of 2012 registered with Bhuj City Police Station for the offences punishable under Section 323 of the Indian Penal Code and Section 3 (1) (10) of the Atrocity Act. Though accused police constable was tried but due to lack of evidence and witnesses being police personnel of the same police station, who turned hostile or not supported the case of the prosecution, the trial resulted into acquittal. Against the acquittal, an appeal is preferred before this Court which came to be admitted and is pending for hearing.