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


Referred Judgements :-

KANTILAL CHANDULAL MEHTA VS. STATE OF MAHARASHTRA [REFERRED TO]



Cited Judgements :-

K. VADIVEL VS. K. SHANTHI [LAWS(SC)-2024-9-77] [REFERRED TO]
AMRUTBHAI SHAMBHUBHAI PATEL VS. SUMANBHAI KANTIBHAI PATEL & ORS. [LAWS(SC)-2017-2-3] [REFERRED TO]
P. RAVI VS. ADDL. DIRECTOR GENERAL OF POLICE (CB-CID) CHENNAI [LAWS(MAD)-2024-3-312] [REFERRED TO]
LALAN KUMAR VS. STATE OF BIHAR [LAWS(PAT)-2017-4-11] [REFERRED TO]
RAGHUVEER SINGH VS. STATE OF RAJASTHAN AND ORS. [LAWS(RAJ)-2018-1-427] [REFERRED TO]
POORNIMA ALIAS PURNESHWARI CHOUDHARY VS. ISHWARI PATLE [LAWS(MPH)-2013-1-254] [REFERRED TO]
PURSHOTTAM SWAROOPCHAND SONI VS. STATE OF GUJARAT [LAWS(GJH)-2007-4-9] [REFERRED TO]
NAGARATHINAM VS. THE STATE [LAWS(MAD)-2004-10-157] [REFERRED TO]
RAM BAHADUR VS. STATE OF U P [LAWS(ALL)-2012-4-91] [REFERRED TO]
RADHESHYAM AGARWALA VS. STATE OF WEST BENGAL [LAWS(CAL)-2005-4-26] [REFERRED TO]
ANIMA GHOSH VS. STATE OF WEST BENGAL [LAWS(CAL)-2010-8-78] [REFERRED TO]
MEENAKSHI VS. STATE OF U P [LAWS(ALL)-2009-7-166] [REFERRED TO]
UPENDRA SINGH VS. STATE OF U P [LAWS(ALL)-2005-8-141] [REFERRED TO]
SURAJ DEY VS. STATE OF WEST BENGAL [LAWS(CAL)-2023-2-61] [REFERRED TO]
SARITA SHARMA VS. STATE OF GUJARAT & 2 [LAWS(GJH)-2015-1-440] [REFERRED]
NATIONAL INVESTIGATION AGENCY VS. TAJAMUL SAIKH BHOOT [LAWS(APH)-2019-10-33] [REFERRED TO]
SRI RANA SINHA ALIAS SUJIT SINHA VS. STATE OF TRIPURA [LAWS(GAU)-2011-4-15] [REFERRED TO]
RAVI VS. INSPECTOR OF POLICE [LAWS(MAD)-2021-8-157] [REFERRED TO]
P. GOPALAKRISHNAN VS. STATE OF KERALA [LAWS(KER)-2022-3-13] [REFERRED TO]
RAJESH KUMAR VERMA VS. STATE OF JHARKHAND THROUGH THE CHIEF SECRETARY AND OTHERS [LAWS(JHAR)-2006-7-159] [REFERRED TO]
P.C. AATHIKKA VS. THE STATE OF KERALA AND ORS. [LAWS(KER)-2016-2-8] [REFERRED TO]
VINOD BHAT VS. STATE OF JAMMU AND KASHMIR [LAWS(J&K)-2020-2-86] [REFERRED TO]
C. ANANDANE VS. STATE [LAWS(MAD)-2015-1-178] [REFERRED TO]
RAKESH KUMAR LUTHRA VS. STATE OF H P [LAWS(HPH)-2010-11-143] [REFERRED TO]
STATE OF H.P. VS. MEHAR SINGH [LAWS(HPH)-2004-12-26] [REFERRED TO]
CHELLAPANDI VS. DEPUTY SUPERINTENDENT OF POLICE C.B.C.I.D MADURAI DISTRICT [LAWS(MAD)-2011-9-202] [REFERRED]
STATE OF ODISHA VS. DENGUN SABAR [LAWS(ORI)-2019-11-2] [REFERRED TO]
M RUBIN BRITTO VS. INSPECTOR OF POLICE KUDUTHINI POLICE STATION BALLARI [LAWS(KAR)-2019-1-128] [REFERRED TO]
ANANT THANUR KARMUSE VS. STATE OF MAHARASHTRA [LAWS(SC)-2023-2-61] [REFERRED TO]
SIDDHANT AGGARWAL VS. STATE OF HARYANA [LAWS(P&H)-2014-9-480] [REFERRED]
LAKHUBHAI AAPABHAI KHACHAR VS. SATE OF GUJARAT [LAWS(GJH)-2007-10-41] [REFERRED TO]
N. P. HAMZA VS. STATE OF KERALA [LAWS(KER)-2021-2-40] [REFERRED TO]
JAIVEER KASHYAP VS. STATE & ORS. [LAWS(DLH)-2012-9-585] [REFERRED TO]
ROHIT ALIAS CHIMANBHAI VS. STATE OF GUJARAT [LAWS(GJH)-2014-6-118] [REFERRED TO]
MELATHARU MINING COMPANY VS. STATE OF MAHARASHTRA [LAWS(BOM)-2022-5-166] [REFERRED TO]
CHETTI KRISHNA RAO VS. STATE OF A P [LAWS(APH)-2005-4-1] [REFERRED TO]
ABHAY GUPTA VS. STATE OF U.P. [LAWS(ALL)-2023-12-29] [REFERRED TO]
BABU LAL JAISWAL VS. STATE OF U.P. [LAWS(ALL)-2023-12-31] [REFERRED TO]
SHASHI KANT SINGH VS. STATE (NCT OF DELHI) [LAWS(DLH)-2008-1-141] [REFERRED TO]
GOKUL @ GOKULA KRISHNAN VS. STATE [LAWS(MAD)-2018-3-122] [REFERRED TO]
JASRAJ VS. STATE [LAWS(RAJ)-2020-8-125] [REFERRED TO]
STATE OF M P VS. ANIL SHARMA [LAWS(MPH)-2021-7-5] [REFERRED TO]
AMAR NATH MAHTO VS. THE STATE OF BIHAR [LAWS(PAT)-2017-8-137] [REFERRED TO]
IQBAL SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2005-10-67] [REFERRED TO]
THE STATE OF BIHAR VS. MD. SHAHABUDDIN & ORS. [LAWS(PAT)-2012-12-62] [REFERRED TO]
CENTRAL BUREAU OF INVESTIGATION VS. STATE PF JHARKHAND [LAWS(JHAR)-2012-3-2] [RELIED ON]
ARUNACHALAM VS. STATE [LAWS(MAD)-2007-3-31] [REFERRED TO]
MOOL CHAND ALIAS MURLI VS. STATION RENEWAL JAIPUR [LAWS(RAJ)-2009-2-47] [REFERRED TO]
STATE VS. S.IMMANUEL DEVAKADATCHAM [LAWS(MAD)-2022-6-214] [REFERRED TO]
ANANT PRAKASH SINGH @ ANANT SINHA VS. STATE OF HARYANA [LAWS(SC)-2016-3-33] [REFERRED TO]
CHANDRA BABU @ MOSES VS. STATE, INSPECTOR OF POLICE [LAWS(SC)-2015-7-33] [REFERRED TO]
KUMAR VS. STATE [LAWS(MAD)-2016-4-111] [REFERRED TO]
PRATIMA SAHA VS. STATE OF TRIPURA [LAWS(TRIP)-2013-7-10] [REFERRED TO]
AJIT KUMAR GUPTA VS. STATE OF U.P. [LAWS(ALL)-2023-6-3] [REFERRED TO]
RAJU SON OF MUNNA VS. STATE OF U P [LAWS(ALL)-2015-4-3] [REFERRED TO]
RAJ KUMAR DWIVEDI ALIAS RAJU VS. STATE OF U P AND ANOTHER [LAWS(ALL)-2017-10-290] [REFERRED TO]
RAJESH JHA VS. STATE OF U.P. [LAWS(ALL)-2019-4-222] [REFERRED TO]
AMAR NATH PANDEY VS. STATE OF U P [LAWS(ALL)-2014-7-130] [REFERRED TO]
KASHI PRASAD DUBEY VS. STATE OF M.P. [LAWS(MPH)-2015-4-235] [REFERRED]
KALPESH H THAKKER VS. STATE OF GUJARAT AND ORS [LAWS(GJH)-2014-4-210] [REFERRED TO]
JASVINDER SAINI VS. STATE [LAWS(SC)-2013-7-46] [REFERRED TO]
GURTEJ SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2006-11-80] [REFERRED TO]
ABDUL BASHEER VS. ABDUL KHADER AND ORS. [LAWS(KER)-2015-2-95] [REFERRED TO]
ABDUL MASJID SHAIKH VS. STATE OF GUJARAT [LAWS(GJH)-2006-12-4] [REFERRED TO]
MUSTAKALI MAHMEDBHAI SHAIKH VS. STATE OF GUJARAT [LAWS(GJH)-2007-3-59] [REFERRED TO]
MUKESH KUMAR TRIVEDI VS. STATE OF JHARKHAND [LAWS(JHAR)-2021-4-26] [REFERRED TO]
MANBAHALA MAHTO VS. STATE OF JHARKHAND [LAWS(JHAR)-2022-7-57] [REFERRED TO]
K AYASREE VS. STATE TAMILNADU [LAWS(MAD)-2005-2-73] [REFERRED TO]
PRAKASH KANTHED VS. MAHESHWARI PROTINS LTD [LAWS(MPH)-2008-7-52] [REFERRED TO]
MUSANI DEVI, WIFE OF LATE YOGESHWAR JHA, RESIDENT VS. STATE OF BIHAR [LAWS(PAT)-2018-5-99] [REFERRED TO]
AJIT KUMAR GUPTA ALIAS AJIT PRASAD VS. STATE OF BIHAR [LAWS(PAT)-2008-1-38] [REFERRED TO]
RABINDER NATH GUPTA @ ROBIN GUPTA VS. STATE OF HARYANA AND ANOTHER [LAWS(P&H)-2013-4-615] [REFERRED]
SAROJ BHOLA VS. STATE OF NCT OF DELHI [LAWS(DLH)-2021-4-53] [REFERRED TO]
MAYA RANI MANNA VS. STATE OF WEST BENGAL [LAWS(CAL)-2022-5-135] [REFERRED TO]
ASHOK KUMAR VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(CAL)-2024-5-79] [REFERRED TO]
ASOKE KUMAR CHAUDHURI VS. KUNAL SAHA [LAWS(CAL)-2013-7-179] [REFERRED TO]
RAJU VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2015-4-244] [REFERRED TO]
P. K. ABDUL SATHAR VS. STATE OF KERALA [LAWS(KER)-2021-7-71] [REFERRED TO]
ESSAR OIL LIMITED VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(GJH)-2009-6-191] [REFERRED TO]
PALLAB DAS VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(GAU)-2012-8-82] [REFERRED TO]
JITENDRA SINGH VS. STATE OF U. P. [LAWS(ALL)-2023-11-98] [REFERRED TO]
KAMLESH SINGH VS. STATE OF U.P. [LAWS(ALL)-2024-2-40] [REFERRED TO]
ROMESH SHARMA VS. CENTRAL BUREAU OF INVESTIGATION (CBI) [LAWS(DLH)-2011-2-587] [REFERRED TO]
VINUBHAI HARIBHAI MALAVIYA VS. STATE OF GUJARAT [LAWS(SC)-2019-10-51] [REFERRED TO]
LUCKOSE ZACHARIAH @ ZAK VS. JOSEPH JOSEPH [LAWS(SC)-2022-2-102] [REFERRED TO]
STATE VS. HEMENDHRA REDDY [LAWS(SC)-2023-4-136] [REFERRED TO]
T.VAIDYALINGAM VS. DEPUTY SUPERINTENDENT OF POLICE [LAWS(MAD)-2013-8-35] [REFERRED TO]
STATE OF KERALA VS. KRISHNAN [LAWS(KER)-2020-8-552] [REFERRED TO]
J PRABHATHIAMMA VS. STATE OF KERALA [LAWS(KER)-2007-9-43] [REFERRED TO]
SUJITH KALESAN VS. STATE OF KERALA [LAWS(KER)-2007-9-73] [REFERRED TO]
HANUMAN SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-2022-7-77] [REFERRED TO]
SASI THOMAS VS. STATE TAMIL NADU [LAWS(SC)-2006-11-135] [REFERRED TO]
ZAMEER AHMED KHAN VS. THE STATE OF KARNATAKA AND ORS. [LAWS(KAR)-2016-3-137] [REFERRED TO]
NATIONAL MULTI COMMODITY EXCHANGE OF INDIA LTD VS. STATE OF GUJARAT [LAWS(GJH)-2015-4-286] [REFERRED TO]
BALBIR SINGH VS. STATE [LAWS(DLH)-2010-3-313] [REFERRED TO]
REKHA VS. STATE OF U. P. [LAWS(ALL)-2021-2-57] [REFERRED TO]
RAM KOMAL VS. STATE OF U.P [LAWS(ALL)-2023-9-11] [REFERRED TO]
NANHEY BHAIYA VS. STATE OF U. P. [LAWS(ALL)-2023-3-148] [REFERRED TO]
AVDHESH VS. STATE OF U.P. [LAWS(ALL)-2024-2-16] [REFERRED TO]
NUPUR TALWAR VS. C B I DELHI [LAWS(ALL)-2011-3-125] [REFERRED TO]
RISHIKESH MEENA VS. STATE OF WEST BENGAL [LAWS(CAL)-2023-5-76] [REFERRED TO]
PROTIMA DUTTA VS. STATE OF WEST BENGAL [LAWS(CAL)-2022-6-27] [REFERRED TO]
V R ESWARAMOORTHY VS. SURIYA CHAKRA SPINNING MILLS PVT LTD [LAWS(MAD)-2007-10-193] [REFERRED TO]
PRAKASH AHIRWAR VS. STATE OF U P [LAWS(ALL)-2014-6-37] [REFERRED TO]
DAROGA VS. STATE OF U.P. [LAWS(ALL)-2020-4-44] [REFERRED TO]
JAGAT BIHARI LAL SAXENA VS. STATE OF U P [LAWS(ALL)-2005-10-72] [REFERRED TO]
GULAB SINGH VS. STATE OF U P [LAWS(ALL)-2006-12-174] [REFERRED TO]
DILIP RAKSHIT VS. UNION OF INDIA & ORS [LAWS(CAL)-2016-9-40] [REFERRED TO]
LANKA VANI VS. STATE OF AP [LAWS(APH)-2010-6-56] [REFERRED TO]
N PADMAKAR REDDY VS. GOVERNMENT OF A P [LAWS(APH)-2006-1-68] [REFERRED TO]
SAMUAL JAMES VS. STATE OF CHHATTISGARH [LAWS(CHH)-2021-4-17] [REFERRED TO]
K JAYASREE VS. STATE [LAWS(MAD)-2005-2-56] [REFERRED TO]
ABDUL RAHIMAN ALIAS BECHU RAHIMAN VS. STATE OF KERALA [LAWS(KER)-2012-6-528] [REFERRED TO]
GHULAM HASSAN SOFI VS. STATE OF JK [LAWS(J&K)-2021-4-1] [REFERRED TO]
COURT ON ITS OWN MOTION VS. STATE [LAWS(DLH)-2012-5-189] [REFERRED TO]
SAIYED MEHMOOD HUSSEIN MULLAJI VS. STATE OF GUJARAT [LAWS(GJH)-2013-9-279] [REFERRED TO]
KAILASH VS. STATE OF RAJASTHAN [LAWS(RAJ)-2006-9-57] [REFERRED TO]
DESHRAJ SINGH AND ANR. VS. STATE OF RAJASTHAN [LAWS(RAJ)-2012-5-353] [REFERRED TO]
STATE OF TRIPURA VS. BIMAL CHAKRABORTY [LAWS(TRIP)-2019-1-15] [REFERRED TO]
SHAMSHER SINGH MANGAT VS. STATE OF M P [LAWS(MPH)-2008-3-41] [REFERRED TO]
MANJU LATA TIWARI VS. STATE OF M P [LAWS(MPH)-2008-3-44] [REFERRED TO]
SREEDHARAN VS. STATE OF KERALA [LAWS(KER)-2005-2-5] [REFERRED TO]
CHARANJIT SINGH @ BITTU VS. STATE OF PUNJAB [LAWS(P&H)-2007-12-43] [REFERRED TO]
RAVDEEP KAUR VS. STATE OF PUNJAB [LAWS(P&H)-2006-5-443] [REFERRED TO]
SRI BASAVARAJ SHIVAPPA MUTTAGI VS. STATE OF KARNATAKA [LAWS(KAR)-2021-10-9] [REFERRED TO]
PRITAM SINGH CHAUDHARY AND ORS. VS. STATE OF HIMACHAL PRADESH AND ORS. [LAWS(HPH)-2015-4-11] [REFERRED TO]
LALAN RAM, SON OF SHRI SHIVJI RAM RESIDENT OF MIRGANJ P S- BEGUSARAI TOWN, DISTRICT VS. STATE OF BIHAR [LAWS(PAT)-2018-1-120] [REFERRED TO]
GANESAN VS. SHO, DISTRICT CRIME BRANCH [LAWS(MAD)-2022-7-1] [REFERRED TO]
KASHI PRASAD DUBEY VS. THE STATE OF MADHYA PRADESH [LAWS(MPH)-2015-4-144] [REFERRED TO]
NARENDRA SINGH MAURYA VS. STATE OF MADHYA PRADESH AND ANOTHER [LAWS(MPH)-2018-2-421] [REFERRED TO]
SHUBHAM SATYANIWAS ARJUNWAR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2021-8-73] [REFERRED TO]
NITINBHAI MANGUBHAI PATEL VS. STATE OF GUJARAT AND ORS [LAWS(GJH)-2013-8-102] [REFERRED TO]
PRAGNESH HARIPRASAD PARIKH VS. ASHOK GOVINDRAM HURRA [LAWS(GJH)-2011-6-12] [REFERRED TO]
ALI VS. STATE OF WEST BENGAL [LAWS(CAL)-2008-7-29] [REFERRED TO]
VERGHESE STEPHEN VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(DLH)-2007-5-120] [REFERRED TO]
PRAGYASINGH CHANDRAPALSINGH THAKUR VS. STATE OF MAHARASHTRA THROUGH ADDITIONAL CHIEF SECRETARY, HOME DEPARTMENT [LAWS(BOM)-2013-10-97] [REFERRED TO]
RAM BABOO BANSAL VS. STATE OF WEST BENGAL [LAWS(CAL)-2023-11-21] [REFERRED TO]
NEELKANTH YADAV VS. STATE OF CHHATTISGARH [LAWS(CHH)-2017-2-100] [REFERRED TO]
HEMALATHA VS. STATE OF KERALA [LAWS(KER)-2024-1-109] [REFERRED TO]
NENNATH VS. STATE OF RAJASTHAN [LAWS(RAJ)-2019-4-331] [REFERRED TO]
K TIRUMALESWAR RAO @ TIRUMALA VS. STATE OF ORISSA [LAWS(ORI)-2013-7-90] [REFERRED TO]
TEJNARAYAN SHUKLA VS. STATE OF M P [LAWS(MPH)-2010-12-11] [FOLLOWED]
DALPAT SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-2006-9-56] [REFERRED TO]
BHIMANNA VS. STATE OF KARNATAKA [LAWS(SC)-2012-9-7] [REFERRED TO]
RAMA CHAUDHARY VS. STATE OF BIHAR [LAWS(SC)-2009-4-58] [REFERRED TO]
LALA RAM VS. STATE OF U P AND 6 OTHERS [LAWS(ALL)-2017-1-436] [REFERRED TO]
SAKTI PADA GHOSH VS. STATE OF WEST BENGAL [LAWS(CAL)-2015-1-20] [REFERRED TO]
PAWAN KUMAR KUSHWAHA VS. STATE OF U P [LAWS(ALL)-2012-7-95] [REFERRED TO]
LINGAM SUBRAMANYAM VS. PUTTA SESHADRI [LAWS(APH)-2006-4-55] [REFERRED TO]
JAVA SINGH VS. C B I [LAWS(DLH)-2009-5-88] [REFERRED TO]
ROSENDRA CHANDRA DAS VS. STATE OF ASSAM [LAWS(GAU)-2008-6-16] [REFERRED TO]
NEW INDIA ASSURANCE COMPANY LTD VS. STATE OF TRIPURA [LAWS(GAU)-2009-11-41] [REFERRED TO 2.]
BIMAL KUMAR KUNDU VS. STATE OF WEST BENGAL [LAWS(CAL)-2004-9-58] [REFERRED TO]
SANDEEP SUNIL KUMAR LOHARIYA VS. STATE OF MAHARASHTRA [LAWS(BOM)-2023-8-421] [REFERRED TO]
PRAMODKUMAR ANAND MISHRA VS. STATE OF GUJARAT [LAWS(GJH)-2014-12-101] [REFERRED TO]
SAMEERBHAI ISHWARBHAI GANDHI VS. STATE OF GUJARAT [LAWS(GJH)-2019-5-48] [REFERRED TO]


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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