Decided on March 09,1979

STATE Respondents


M.K.SHAH - (1.) This Special Criminal Application is filed by original accused No. 6 and is directed against the three orders of committal passed by the learned Chief Judicial Magistrate First class Bhuj on 26th June 1978 against the respective accused to stand their trial for the offences under secs. 341 342 323 365 read with sec. 114 of the I. P. Code in the first case that is police case; for the offences under secs. 307 348 342 331 365 3677 368 325 326 read with secs 114 of the I. P. Code in the second case that is the case arising out of private complaint No. 1 of 1978 filed by the complainant Kasam Amad Bakali and for the offences under the very sections in the third case arising out of private complaint being case No. 2 of 1978 filed by complainant Babu Khimji Vaghri.
(2.) A few facts may be stated at the outset: An incident happened on 8-11-1977 in which as alleged by the prosecution complainants Kasam Amad Bakali and Babu Khimji and three other persons named Bhinji Jogi Mamad and Adbulla who were labourers were abducted to find out as to where Babu Khimji was on the previous Friday to get information from him with regard to gold and currency notes of lacs of rupees alleged to have been stolen. For this purpose severe beatings were given to Babu by slaps and fists on various parts of his body and he was threatened with killing. It is also alleged that beatings were also given to the said complainants by means of sticks on their footsoles and they were tied by means of ropes and severely beaten by sticks and other means of tortures were also applied. Information with regard to this incident was lodged with the police on 9 by Ravji Khimji Vaghri brother of Babu Khimji and police thereupon started investigation.
(3.) The police started investigation against accused Nos. 2 and 6 who were specifically named in the first information report and while the investigation was pending on 9-1-1978 complainant Kasam Amad Bakali lodged His private complaint before the learned Judicial Magistrate First class being criminal case No. 1 of 1978 against 13 accused including accused Nos. 2 and 6 who were specifically named in the first information report before the police which had been earlier filed as aforesaid. On the very day complainant Babu Khimji Vaghri also filed his complaint against 15 accused which included the said 13 accused named by Kasam Amad Bakali in his complaint. ... ... ... ... ... ... ...;

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