VIPUL SHITAL PRASAD AGARWAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Special Leave Petition is directed against the judgment andorder dated 20th March, 2012, passed by the Gujarat High Courtdismissing the petition filed by the Petitioner, Dr. Vipul ShitalPrasad Agarwal, under Articles 226 and 227 of the Constitution, readwith Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.),being SCRMA No.2698 of 2011.

(2.) There are certain special features in this case which need to berecorded in order to decide this matter.

(3.) The Petitioner was at the relevant time posted as Superintendentof Police, Banaskantha, Gujarat. On 28th December, 2006, one TulsiramPrajapati was killed in an encounter and a First Information Report(F.I.R.), being I.C.R.No.115 of 2006, was registered with the AmbajiPolice Station, Banaskantha, Gujarat, against unidentified personsunder Sections 307, 427 and 34 of the Indian Penal Code, 1860 (IPC),Section 25(1)(A) of the Arms Act, 1959, and Section 135 of the BombayPolice Act, 1951.