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HIGH COURT OF CHHATTISGARH, BILASPUR
Narendra Kumar Vyas, J.
Royden Harold Buthello & Anr. – Appellants
Versus
State of Chhattisgarh & Ors. – Respondents
WPCR No. 686 of 2020
Decided On : 10-01-2022
Writ petition filed by the accused and his father seeking direction for transfer of FIRs and quashing of FIRs registered against the accused. Court held that the investigation was not conducted in a fair manner and has been conducted in a biased manner. Registration of FIR is nothing but abuse of power by respondents. The complaints made by the petitioners have not been taken care of by the State authority. The petitioners were abducted from Hotel Green Park, Talcher, Odisha as evident from his gmail account, CCTV installed in various toll plazas from Talcher to Raipur. Court directed the CBI to submit a preliminary report considering the allegations regarding illegal detention and false implication of petitioner No. 1 in offence related with NDPS Act.
Fact of the Case:
Petitioners filed a writ petition under Article 226 of the Constitution of India and Section 482 of the Code of Criminal Procedure seeking direction for transfer of FIRs and quashing of FIRs registered against the accused. The accused was arrested in a case related to possession of cocaine. The petitioners alleged that the accused was abducted from Odisha and illegally detained by the police. They also alleged that the investigation was not conducted in a fair manner and that the accused was falsely implicated in the case. The State opposed the petition and contended that the investigation was conducted in accordance with the law and that there was sufficient evidence to support the charges against the accused.
Finding of the Court:
The Court found that the investigation was not conducted in a fair manner and that the accused was falsely implicated in the case. The Court also found that the registration of FIRs was nothing but abuse of power by the police. The Court directed the CBI to submit a preliminary report considering the allegations regarding illegal detention and false implication of the accused.
Issues: 1. Whether the investigation was conducted in a fair manner? 2. Whether the accused was falsely implicated in the case? 3. Whether the registration of FIRs was an abuse of power by the police?
Ratio Decidendi: The Court held that the investigation was not conducted in a fair manner and that the accused was falsely implicated in the case. The Court also found that the registration of FIRs was nothing but abuse of power by the police. The Court relied on the following principles of law: * The investigation of a criminal case must be conducted in a fair and impartial manner. * An accused person cannot be falsely implicated in a criminal case. * The registration of FIRs is a serious matter and should not be done lightly.
Final Decision: The Court allowed the petition and directed the CBI to submit a preliminary report considering the allegations regarding illegal detention and false implication of the accused.
JUDGMENT :
1. Petitioner No. 1 is the accused and petitioner No. 2 is father of petitioner No. 1. They have filed present petition under Article 226 of the Constitution of India and Section 482 of the Code of Criminal Procedure seeking direction for transfer of FIR No. 0232/2020 registered at Azad Chowk Police Station, Raipur, FIR No. 0255/2020 registered at Kotwali Police Station, Raipur, Online complaint No. 3334104012000003 dated 27.10.2020 made before the Superintendent of Police, Raipur and Online complaint No. 24488049072000014 dated 06.11.2020 made before Talchar Police Station to the Central Bureau of Investigation. Petitioners also seek quashment of FIR No. 0232/2020 registered at Azad Chowk Police Station, Raipur and FIR No. 0255/2020 registered at Kotwali Police Station, Raipur.
2. The brief facts as reflected from the averments made in the petition are that petitioner No. 1 is a resident of Mumbai, a qualified automobile engineer and regular income tax payee. Petitioner No. 2 is a businessman carrying out business of logistics, transportation, renting out vehicles etc. for the last 36 years in the name and style of M/s Buthello Travels at R/3, Mathur Estate, Premier Road, Kurla (W), Mumbai. Petitioner No. 1 through his father’s business was working in the state of Odisha as well as State of Chhattisgarh. They have received various works of transportation of minerals. Copy of the contracts is also annexed with petition.
3. Petitioner No. 1, in view of the business, has acquired 25 heavy motor vehicles which have been registered with RTO offices in State of Chhattisgarh for transportation of fly ash from NTPC, Khania Nagar to various parts of Odisha. In connection with the business activity, he booked Room No. 220 in his name in Hotel Green Park, Talcher, District – Angul, Odisha from 15.10.2020 to 20.10.2020. On 20.10.2020 at 13:00 hours, 4 unknown persons visited the Hotel Green Park, in a white Innova Car with a broken front bumper impersonating themselves as police officers. The said four unknown persons contacted Shri Vijaya who was working as a receptionist and said that they are desirous to meet him. Therefore, they were allowed to enter into the room No. 220 where the petitioner No. 1 was staying.
4. It is further contended that the said four persons entered room No. 220 and introduced themselves as police officers to the petitioner No. 1 and without assigning any reason, directed the petitioner No. 1 to come with his belongings and accompany them in his vehicle upto Raipur. Nothing was disclosed to petitioner No. 1 and it was told that he would know everything once they reach Raipur. To substantiate his contention that he has stayed at Hotel Green Park, Talcher he has annexed invoices issued by the hotel. To substantiate that he has been abducted from Talcher he has referred to many things in his pleading contending that four persons drove the vehicle towards Raipur and while taking dinner at Dhaba between Sambalpur and Sonipat, he heard that name of the four persons were Pramod Behra, Sultan, Santosh and Ali from their talks. It has been further contended that by the petitioner No. 1 that he had kept mobile phone in his pocket by which he has made four phone calls to this supervisor, on his cell No. 82495 18758. After reaching Raipur at about 12:30 am on 21.10.2020 said four persons took the petitioner No. 1 to respondent No. 5 where he was detained for some time and his cell phone and laptop were taken into custody. Then he was taken to respondent No. 4, where he was put up in lockup throughout night without informing him about his involvement in any cognizable offence. On 21.10.2020, at about 19:15 hours, police Sub-inspector Shri Priyesh Mathew John lodged FIR against him bearing No. 0232/2020 for the alleged offence under 22(b) of the Narcotic Drugs and Psychotropic Substances Act which is false and concocted FIR. Relevant portion of the FIR is extracted below :-
5. The petitioner No. 1 has also referred to
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