MITESH @ DILIP BABUBHAI PATANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY this application under Article 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (the Code) the petitioner seeks the followings reliefs:

(2.) THE factual background of the case is that the petitioner herein had lodged a complaint against one Vijay Radheshyam Agrawal and five other named persons and other unknown persons for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code, 1860 and Section 135 of the Bombay Police Act on 17th July 2007, which came to be registered as a first information report vide Umargaon Police Station I Crime Register No.60/2007. The allegation in the compliant was to the effect that as the administration of the Bunglow had been taken over from him the accused No.1, nursing a grudge in that regard, as well as in respect of the construction of the building all the accused got together and with a view to achieve their common intention gave blows on the head of the deceased Rahul, aged 19 years, with sharp instruments, inflicting grievous injuries and causing his death and thereafter threw his body in the waters of Varoli river at Sanjan Umergaon road, thereby destroying the evidence.

(3.) WITHIN a week thereafter, on 23rd July, 2007 the petitioner filed the present petition seeking the reliefs noted hereinabove. It is the case of the petitioner that the accused No.1 had in his presence disclosed to the respondents No.4 and 5 that all the accused had committed the murder, however, the respondents No.4 and 5 have not taken any action against the other accused. According to the petitioner the accused No.3 is the main culprit, however as the accused persons are powerful and influential people the police authorities, more particularly the respondents No.2, 3 and 4, that is the District Superintendent of Police, Valsad, the Deputy District Superintendent of Police, Valsad and the Police Sub -Inspector, Umargaon Town Police Station, respectively, had harassed his family members and threatened to kill them if the petitioner or his family members voiced any other grievance against the department or the accused in connection with the brutal murder of Rahul alias Samir. According to the petitioner, he and his family members apprehend that no action will be taken against the accused in connection with the aforesaid offence, therefore, he has filed the present petition seeking transfer of investigation from the police department to the respondent No.6, Central Bureau of Investigation.