DHARMISHTABEN NARENDRASINH ZALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) . This Special Criminal Application under Art. 226 of Constitution has been registered under Rule 31 of the High Court Amended Rules, 1995 on an application dated 19-1-1996 received through post from Dharmishtaben Narendrasinh Rana, resident of Moti Sarsan, Tal. Santrampur, Dist. Panchmahals. In her application, she has stated that, on 1-11-1995, at about 1-00 hrs. at midnight, Mr. M. H. Joshi, P.S.I., L.C.B., Godhra, Mr. Dineshbhai, police constable and other members of his staff came and took her husband with them in the jeep. Her husband was taken to C.I.D. office and later on, to Government Guest House, at Lunavada and then, in the morning, to Godhra. At about 7-15 a.m., her husband had gone for urinal, police constable Dinesh also accompanied him, at that time, Dinesh came to P.S.I. Mr. Joshi and told him that Head constable Rana had shot himself. Hearing this, Mr. Joshi went to the spot and found Rana lying at the door of urinal. Police constable Dinesh removed the revolver from the spot. The say of the petitioner is that she suspects foul play in the death of her husband. She has also expressed her suspicion that P.S.I. Mr. Joshi and police constable Mr. Dinesh have murdered her husband and S.D.P.O. Mr. Dave has helped them. In view of this, she has sought a high level enquiry or the investigation of the incident.

(2.) . This Court, by order dated 1-2-1996, issued notice to Mr. M. H. Joshi, P.S.I., L.C.B., Godhra, Mr. S. K. Dave, S.D.P.O., Lunavada, Mr. Dineshbhai, Police Constable and Ambalal Rana. They were directed to remain present in the Court on 9-2-1996.

(3.) . Shri M. H. Bhaya, Advocate appeared for the petitioner as amicus curiae, Shri M. H. Joshi filed affidavit on 11th March, 1996, Shri S. K. Dave filed affidavit on 28th February, 1996. Shri Dineshbhai filed affidavit on 1st March, 1996 and Shri Ambalal also filed affidavit on 11th March, 1996.