HASANBHAI VALIBHAI QURESHI Vs. STATE OF GUJARAT
LAWS(SC)-2004-4-75
SUPREME COURT OF INDIA (FROM: GUJARAT)
Decided on April 05,2004

HASANBHAI VALIBHAI QURESHI Appellant
VERSUS
STATE OF GUJARAT Respondents

JUDGEMENT

Arijit Pasayat, J. - (1.) Leave granted.
(2.) The appellant who is the original complainant in the case relating to FIR No. 134/2003 in the police station, Sub-District, Veraval, District Junagadh calls in question legality of the judgment rendered by a learned single Judge of the Gujarat High Court, Ahmedabad dismissing the writ petition filed by the appellant.
(3.) Main prayer in the writ petition was for issuance of appropriate writ for re-investigation by an independent agency. The prayer was made alleging that the local police had succumbed to the pressure exercised by local MLA and the investigation was not carried out in a straightforward manner. It was alleged that on 23-9-2003 around 12.30 a.m. persons belonging to a particular community carried deadly weapons and combustible materials and pursuant to the common object of an unlawful assembly caused destruction of shops belonging to persons of another community, by breaking them open and setting them ablaze. There was also large scale looting of articles. About 53 persons were arrested. Initially, in the FIR various offences including Sections 395 and 120-B of the Indian Penal Code, 1860 (in short the "IPC") and Section 135 of the Bombay Police Act were noted and mentioned by the police officials. But strangely after a few hours of the registration of the FIR wherein the aforesaid offences were mentioned, Sections 395 and 120-B were deleted by the prosecuting agency and because of such deletion the accused persons managed to get bail. The prayer in the aforesaid circumstances was for investigation by an independent investigating agency. It was brought to the notice of the High Court that a bare perusal of the statements clearly indicate the applicability of those provisions and commission of such offences, contrary to what has been stated by the prosecuting agency.;


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