Judgment

Arijit Pasayat, J.—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 straight forward 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 120B of the Indian Penal Code, 1860 (in short the ‘IPC’) and Section 135