ASHOKBHAI BALUMAL DASANI Vs. THE POLICE INSPECTOR

JUDGEMENT

(1.) By means of filing this writ application under Articles 14, 19, 21 & 226 of the Constitution of India, the petitioner no.1, who is brother of alleged victim of custodial crime and the petitioner no. 2, who is mother of the victim, have inter alia, prayed for [a] issuance of writ of mandamus and/or, writ in the nature of mandamus, directing the respondent-authorities to hand-over investigation papers to an independent Investigating Agency like Central Bureau of Investigation [CBI]; [b] to take action against erring Police Constable viz., Pir Mohammed Fateh Mohammed, Mahendrasinh Hamirsihn, Vijansinh Sankarsihn Kishan Naslabhai, PI-AC Patel and PSO JR Waghela; [c] to direct the respondent-State to produce police papers/report prepared in pursuance to incident dated 2nd July 2005 and 3rd July 2005 regarding the death of Ghanshyam, while victim was in custody of Kareli Baug Police Station; [d] to award compensation of Rs. 5,00,000/= to the petitioners; [e] to direct the State authorities to register complaint against the erring officers who were on duty at the time of said incident; and [f] to quash and set-aside the inquiry conducted by the Sub Divisional Magistrate, Vadodara bearing Inquiry Case No. 10 of 2005.

(2.) Before delving into the matter, brief facts which are relevant for the purpose of adjudicating the issues read thus :

(3.) On 2nd July 2005 at around 3:00 - 3:30 pm, when the younger brother of the petitioner no. 1 was sitting at the end of Meera Society, Harni Road, Vadodara, at that time, sleuths from North Zone Police Station came and intercepted his younger brother. The petitioner no. 1 came to know about the said fact on the very day at about 7:00 pm, and therefore, the petitioner no. 1 went at DCB Police Station to inquire about his younger brother. However, he was informed that since last two days, no arrest was made and hence, he was direct to make a phone call by dialing 100. Consequently, upon the petitioner no. 1 making a call at the said number, he was informed by the otherside that there was no information as to the arrest of any person named Ghanshyam, so the caller may inquire from North Zone Control room. The petitioner no. 1 did inquire at the said place so directed, however, he could not get any information in respect of arrest of his brother named Ghanshyam. In his efforts to look around desperately for his brother, the petitioner no. 1 lastly reached at Kareli Baug Police Station at around 9:45 pm, from where also, he could not get any information about his brother's arrest.