While companysidering the writ petition filed by the mother of the deceased Writ Petition Crl.
We also direct the Police Authorities of the state of Gujarat, Rajasthan and Andhra Pradesh to companyperate with the CBI Authorities in companyducting the investigation.
The High Court also rejected the Petitioners application challenging the order of the Magistrate by its order dated 20th March, 2012.
This Special Leave Petition is directed against the judgment and order dated 20th March, 2012, passed by the Gujarat High Court dismissing the petition filed by the Petitioner, Dr. Vipul Shital Prasad Agarwal, under Articles 226 and 227 of the Constitution, read with Section 482 of the Code of Criminal Procedure, 1973 Cr.
Another application for regular bail, being Criminal Misc.
Consequent thereupon, the Petitioner was arrested by the C.I.D. crime, on 3rd May, 2010, and charge sheet was, thereafter, filed against the accused persons, including the Petitioner, on 30th July, 2010.
Since the investigation was number companypleted and the Petitioner had been in custody for a long time, an application for bail was moved on his behalf in the Court of learned Sessions Judge, Palanpur, on 16th August, 2011, who rejected the same on the ground that the application ought to have been moved before the Judicial Magistrate, First Class, Danta, and number before the Sessions Court.
It is against the said order that the present Special Leave Petition has been filed.
P.C. , being SCRMA No.2698 of 2011.
Application No.04 of 2012, was also filed on behalf of the Petitioner before the Sessions Judge, Palanpur, on 2nd January, 2012, on the limited ground of delay in the trial.
P.C. Learned companynsel also emphasized that the Petitioner was in custody since his arrest on 3rd May, 2010, and on the other hand, the trial was being delayed.
No.115 of 2007, before this Court praying for an inquiry into the incident by the Central Bureau of Investigation B.I. , and while the same was pending, the prosecution, upon companypletion of investigation, added Sections 302, 364, 307, 333, 334, 427, 365, 368, 193, 197, 201, 120 B, 471 read with Section 34 I.P.C., together with Section 25 1 a and 27 of the Arms Act, 1959, as also Section 135 of the Bombay Police Act, against 12 police officers, including the Petitioner.
One of the strange features of this case, therefore, is that in the case which was registered against the victim, 12 police officers, including the Petitioner, came to be arraigned as accused in what was alleged to be a fake encounter.
The Petitioner then moved the Gujarat High Court by way of Special Criminal Application No.2698 of 2011, for quashing and setting aside the aforesaid judgment and order dated 7th October, 2011, passed by the Judicial Magistrate, First Class, rejecting his prayer for bail.
Application No.4729 of 2012, challenging the order of the 2nd Additional Sessions Judge dated 27th February, 2012, was dismissed by the High Court.
The said bail application was dismissed by the 2nd Additional Sessions Judge on 27th February, 2012.
In 2007, Nirmala Bai, the mother of the deceased, filed Writ Petition Crl.
On 28th December, 2006, one Tulsiram Prajapati was killed in an encounter and a First Information Report I.R. , being I.C.R.No.115 of 2006, was registered with the Ambaji Police Station, Banaskantha, Gujarat, against unidentified persons under 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 Bombay Police Act, 1951.
ALTAMAS KABIR, CJI.
No.115 of 2007 , this Court, by its judgment and order 8th April, 2011, refused to accept the investigation companyducted and companypleted by the State C.I.D. and directed as follows In view of the above discussion, the Police Authorities of the Gujarat State are directed to handover all the records of the present case to the CBI within two weeks from this date and the CBI shall investigate all aspects of the case relating to the killing of Tulsiram Prajapati and file a report to the companycerned companyrt special companyrt having jurisdiction within a period of six months from the date of taking over of the investigation from the state Police Authorities.
However, the fact remains that F.I.R. No.115 of 2006 was lodged with the Ambaji Police Station on 28th December, 2006, resulting in the arrest of the Petitioner by the C.I.D. crime, on 3rd May, 2010, and the filing of charge sheet on 30th July, 2010, within 90 days of his arrest.
The Petitioner was at the relevant time posted as Superintendent of Police, Banaskantha, Gujarat.
There are certain special features in this case which need to be recorded in order to decide this matter.
Having regard to the order of the learned Sessions Judge, the Petitioner moved an application before the Judicial Magistrate, First Class, Danta, on 2nd September, 2011, for bail, which was rejected on 7th October, 2011.
