2015 Supreme(Guj) 353
IN THE HIGH COURT OF GUJARAT
J.B. Pardiwala, J.
Ramanbhai Ashabhai Makwana - Appellants
Vs.
State of Gujarat and Ors. - Respondent
Special Criminal Application (Direction) No. 4768 of 2014
Decided On: 06.01.2015
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: Shilpa R. Shah
For Respondents/Defendant: A.N. Shah, A.P.P.
Headnote:
Atrocities Act,1989 - Section 3(1)(13) - Indian Penal Code, 1860 - Sections 147, 148, 149, 323, 227 and 452 - Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1987 - Section 3(1) (x) - Constitution of India, 1950 - Article 226 - Writ application under Article 226 of the Constitution of India, the petitioner-original first informant of C.R. , lodged with the Police Station, District, for the offence punishable under Sections 143, 147, 148, 149, 323, 327 and 452 of the Indian Penal Code and Section 3(1)(X) of the Prevention of Atrocities Act - Held, Even if, any person is illegally arrested or is innocent, M.L.A. has no business or authority to act in such high handed manner - Investigating Officer shall see to it that appropriate Sections of the Indian Penal Code are made applicable, keeping in mind allegations levelled in FIR and other statements which must have been recorded in course of investigation - Petition Disposed of.
J.B. Pardiwala, J.
1. By this writ application under Art. 226 of the Constitution of India, the petitioner-original first informant of C.R. No. 1-32 of 2014, lodged with the Limbasi Police Station, for the offence punishable under Secs. 143, 147, 148, 149, 323, 327 and452 of the Indian Penal Code and Sec. 3(1)(x) of the Prevention of Atrocities Act, has prayed for the following reliefs:
"(A) The Hon'ble Court may be pleased to admit this petition and call for the records and proceedings of F.I.R. and the investigation papers, if any, in the interest of justice and be further pleased to direct the investigating agency to file a report before this Hon'ble Court within a period of 1 week from the date of order, in the interest of justice;
(B) The Hon'ble Court may be pleased to forthwith cancel the bail of the respondent Nos. 6 to 23 and further be pleased to direct the investigating agency to register the F.I.R. as per the true version of the petitioner after due investigation;
(C) The Hon'ble Court may be pleased to direct the investigating agency to arraign the absconding accused who are named in the F.I.R. and the statement of the witnesses;
(D) The Hon'ble Court may be pleased to direct the respondent No. 2 to conduct the entire investigation impartially and independently and further be pleased to direct the respondent No. 2 to continue the protection give to the petitioner and his community;
(E) The Hon'ble Court may be pleased to grant such other and further relief(s), as are deemed fit and proper by this Hon'ble Court, in the interest of justice."
The case of the petitioner may be summarized as under:
(a) The people of village Malavad residing in a locality known as Vankarvas were fed up with the problem of supply of potable drinking water. Most of the people at Vankarvas are members of the Scheduled Caste. Many representations were made before the Gram Panchayat to solve the problem of drinking water but the same was not taken care of by the authorities concerned. On 28th October, 2014 at about 8-00 O'clock in the late evening, the females of the locality went to the house of the Sarpanch, viz., Ushaben V. Parmar to discuss the problem of supply of drinking water. However, instead of listening to the problem of the villagers, the Sarpanch, her husband, viz., Vijaybhai Sursanbhai Parmar, and others got angry and behaved badly with the people residing at the Vankarvas. Thereafter, the villagers decided to speak to the Deputy Sarpanch, viz., Ganibhai, and he in turn informed the villagers that the pipeline had been damaged and in that regard he had also lodged a complaint. On 30th October, 2014 at around 9-00 O'clock in the night, the husband of the Sarpanch, viz., Vijaybhai, and other persons named in the F.I.R. came at the Vankarvas with weapons like stick, hockey, sickle etc. and started hurling abuses to the people residing in the locality. They all uttered bad words relating to the community of the people residing in the locality and started pelting stones. Although, many attempts were made to persuade them to stop behaving in a high-handed manner, yet they refused to listen and assaulted many females with sticks and hockeys. Immediately thereafter, the houses were also damaged by the accused persons. The well water was intentionally contaminated by pouring crude oil into the same. The agricultural fields of one Vishnubhai and others were also set on fire damaging the standing crop of rice.
2. It appears from the materials on record that the Deputy Superintendent of Police (S.C./S.T. Cell), Kheda, Nadiad took over the investigation of the crime reported at the Police Station. It appears that no action was taken earliest in point of time. Practically, all the persons responsible for creating the unrest in the village were arrested on 2nd November, 2014 in the morning.
3. It also appears that the petitioner complained that the Sections which were made applicable were not the correct Sections and he requested to add Sees. 3