KASAM HUSSAIN HATHILA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioners original accused seek quashing of complaint bearing C. R. No. I-85/2009 registered before Gujarat Town Police Station. It is the case of the petitioners that said complaint has been filed with mala fide intention to falsely implicate the petitioners and to use the complaint as a pressure lever against the petitioners.

(2.) THE complainant is a Executive Magistrate. In the complaint in question he has stated inter-alia that he had recorded dying declaration of one Iqbal Ahmed Patel on 1. 9. 2004. The petitioners have filed several complaints against him with respect to recording of dying declaration on the ground that thumb impression was blurred and that therefore, the dying declaration was not acceptable. The complainant has further stated that he had discharged his duties but the petitioners have made wild allegations and by making false complaint tried to de-moralize him. He further alleged that last year accused No. 1 i. e. present petitioner No. 1 had met him at Jaharpura Vegetable Market and threatened him that deceased Iqbal whose dying declaration the complainant had taken was his brother-in-law. Iqbal had been given seven sword blows but he (the complainant) will be given 27 blows. The Complainant further stated that because of the said threat, he is unable to move around in Godhra Town freely. He is under constant fear. He had to change the school of his son. He therefore, requested that he may be given police protection. These in the nutshell are the allegations made in the complaint.

(3.) LEARNED advocate Mr. Patel for the petitioners submitted that the complaint on the very face of it does not inspire confidence and the complainant has tried to falsely implicate the petitioners. He submitted that the threat even according to the complainant was given nearly one year back for a incident which took place in the year 2004. The complaint was given within days of complaint being filed by one Mohammad Hanif on 26. 2. 2009 against the present complainant for offences punishable under Section 465, 466, 467 and 471 of the IPC. The said complaint alleges inter-alia that Executive Magistrate had obtained thumb impression of some other person instead of Iqbal Ahmed Patel whose dying declaration was recorded by the said Executive Magistrate.