Prabhaben Hemabhai Bachubhai Mer Bhupatbhai Ranchho v. State of Gujarat
2015-06-26
R.PDHOLARIA
body2015
DigiLaw.ai
ORDER R.P. Dholaria, J. 1. Rule returnable forthwith. Mr. K.P. Raval, learned APP waives service of notice of rule on behalf of the respondents. With the consent of learned advocates for the respective parties, the matter is taken up for final disposal. The present petition is filed by the petitioners, who are widow, under section 482 of the Code of Criminal Procedure, 1973 read with Article 226of the Constitution of India seeking transfer of investigation of the FIR bearing CR No. 1-41 of 2010 registered before Paliyad Police Station to the Central Bureau of Investigation or C.I.D. Crime forthwith for detecting crime of double murder. 2. Heard Mr. Sunil C. Patel, learned advocate for the petitioners and Mr. K.P. Raval, learned APP for the respondents. I have also gone through the material available on record. From the record, it can be seen that on 6.10.2010 soon after occurrence of double a murder within the jurisdiction of Paliyad Police Station, District Botad, Bachubhai Mer, father of both the deceased lodged the complaint before Paliyad Police Station bearing CR No. I - 41 of 2010. Thereafter, it appears that the police has inquired into the offence to some extent and real brother of both the deceased as well as one another person were being shown as suspects and thereafter the present petition was filed before this Court as no fruitful result comes out from the investigation by the police. 3. While entertaining the present petition, this Court directed the Investigating Officer from time to time to furnish the report of investigation. Today, Mr. Raval, learned APP has presented the report for perusal of this Court which appears to have been prepared by Mr. D.K. Vaghela, Police Sub-Inspector, Paliyad Police Station dated 26.6.2015 indicating that as the FTR discloses double murder, at the relevant time till 2011 Mr. Vyas, Circle Inspector was investigating the offence in question with due care and caution, but nothing fruitful was coming out from the said investigation and, therefore, "A" summary No. 3 of 2011 was submitted before the Botad Court. Thereafter, it appears that no efforts are being made by the local police except filing the aforesaid report before the competent Court. 4. On going through the complaint as well as the report submitted today by Mr.
Thereafter, it appears that no efforts are being made by the local police except filing the aforesaid report before the competent Court. 4. On going through the complaint as well as the report submitted today by Mr. Raval, learned APP, it appears that even though the FIR was lodged disclosing the offence of double murder and that has also been found to be true while carrying out autopsy as well as other FSL reports which confirmed the death of both the persons as homicidal. Even though, the local police has inquired into the offence in question suspecting the real brother of both the deceased because of some disputes as regards to partition of agricultural land amongst the brothers and one another suspect was also inquired into. Except the aforesaid two suspects, no further investigation is carried out by the local police. 5. Undoubtedly, the offence of double murder is very serious and in the case on hand, the police has inquired into with two suspect persons during the course of investigation arid no further investigation appears to have been done into the alleged offence though, more than four years have passed. In the peculiar facts of the present case, it would be just and proper to hand over the investigation of complaint bearing CR No. 1-41 of 2010 registered with Paliyad Police Station, District Botad to CID, Crime, Gandhinagar so as to bring home the real culprits of the offence in question. In the result, this petition succeeds and the same is allowed. The Director General, CID Crime, Gandhinagar is directed to take over the investigation of the complaint bearing CR No. 1-41 of 2010 registered with Paliyad Police Station, District Botad and to inquire and investigate into the said offence as expeditiously as possible. Rule is made absolute to the aforesaid extent. No costs.