IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.P. Thaker, J.
Rajendrabhai Jagjivanbhai Chavda – Appellant
Versus
State of Gujarat and Others – Respondents
Special Criminal Application No. 7062 of 2016
Decided On : 21-06-2019
Indian Penal Code.1860 – Sections 304A and 201 – Petitioner seeking the handing over investigation either to the CID (Crime) or Central Bureau of Investigation on account of death of his son – Grievance of the petitioner who is the father of the deceased that investigation is not being carried out in the manner it needs to be. It is also his grievance that after postmortem, post-mortem report and forensic report followed blindly without examining other papers – It is also his say that some of the records are not revealing true picture therefore there is need to change the agency – Held, Considering aforesaid injuries and considering the fact that the doctors of Vapi Civil Hospital did not find any injury on the person of deceased and the death according to them was caused due to cardio respiratory arrest – Appears there is lack of sincerity and honesty in carrying out the investigation by the higher rank officer of the status of Dy. S.P. It appears that from the records that there is complete failure of investigation in finding out the culprit No sincere efforts have been made by the investigating officer to investigate the complaint and no effort is made to investigate and arrest the culprit – Investigation is required to be transferred to CID (Crime) investigation of the case is ordered to be transferred to CID (Crime) – Petition is allowed
(Para 13, 14)
Facts of the case:
Petitioner seeking the handing over investigation either to the CID (Crime) or Central Bureau of Investigation on account of death of his son – Grievance of the petitioner who is the father of the deceased that investigation is not being carried out in the manner it needs to be. It is also his grievance that after postmortem, post-mortem report and forensic report followed blindly without examining other papers – It is also his say that some of the records are not revealing true picture therefore there is need to change the agency
Findings of the court:
Considering aforesaid injuries and considering the fact that the doctors of Vapi Civil Hospital did not find any injury on the person of deceased and the death according to them was caused due to cardio respiratory arrest – Appears there is lack of sincerity and honesty in carrying out the investigation by the higher rank officer of the status of Dy. S.P. It appears that from the records that there is complete failure of investigation in finding out the culprit No sincere efforts have been made by the investigating officer to investigate the complaint and no effort is made to investigate and arrest the culprit – Investigation is required to be transferred to CID (Crime) investigation of the case is ordered to be transferred to CID (Crime).
Result: Petition is allowed
ORDER :
1. Rule. Ms. Thakkar, learned APP waives service of notice of rule on behalf of the respondent. The petitioner is before this Court seeking the handing over investigation either to the CID (Crime) or Central Bureau of Investigation on account of death of his son Vishal, who was working as Chemical Engineer in the factory at Vapi GIDC.
2. The petitioner herein-original complainant is having two sons Vishal and Rahul and having no daughter and wife of the petitioner is doing household work. An accidental case is being inquired into after the incident had taken place on 24.08.2015. It is the say of the petitioner, who is the father of the deceased, that his son after completing B.E. Chemical Engineering was working with Amoli Organic Private Limited having business in GIDC at Vapi. He was residing at Vapi in a rented house. Incident in question occurred on 25.08.2015 early morning and one Munnilal Shah, Manager of the Company informed the complainant at about 8.30 in the morning that his son Vishal has expired. By the time complainant and his other family members reached Vapi, post-mortem of Vishal was carried out and dead body was put in ambulance. As they wanted to lodge the complaint, Munnilal Shah called police, who informed them that everything is alright and the deadbody is required to be shifted to Malad, Mumbai where deceased was residing. As the body was to be preserved, complainant notices burn injury on the person of the deceased and posterior part of his head was bleeding heavily, therefore, they took the photographs of the dead body and called police. On 27.8.2015, postmortem of the deceased was performed by J.J. Hospital, Baikhala wherein 17 injuries were found on his person and it was found 56% of the whole body was burnt. Thereafter, complainant went to Vapi at the factory of his son, however, on every visit the complainant was shown different places of occurrence. Police in connivance with the owner of the company prepared false paper that son of the complainant died because of heart attack. With such allegations, complaint was given on 28.3.2016 at GIDC Vapi Police Station. It is the grievance of the petitioner who is the father of the deceased that investigation is not being carried out in the manner it needs to be. It is also his grievance that after postmortem, post-mortem report and forensic report followed blindly without examining other papers. It is also his say that some of the records are not revealing true picture therefore there is need to change the agency.
3. When the petition firstly came up for hearing before this Court on 30.9.2016, this Court disposed of the same by observing as under:-
"3. This Court has been addressed by the learned Additional Public Prosecutor. The investigation has been carried out by the Deputy Superintendent of Police, Kamrej. However, he is not present. The complaint is registered being I.C.R. No. 55 of 2016 with Vapi Police Station for the offences punishable under Sections 304A and 201 of the Indian Penal Code. Though the Deputy Superintendent of Police is not present, arrangement for the responsible officer to be present in the Court is made and according to the officer present, since the cause of death is shown as head injury with burnt injuries and this being unnatural death, it is being scrutinized as to how it has happened. The happening of incident at the time of production of the chemicals in the company where he was serving as Chemical Engineer coupled with other possibilities of death are being examined. He since was residing at Vapi in a rented house, that aspect also is under investigation. The CCTV footage outside the factory and other oral as well as documentary evidences are being collected.
4. In light of the details furnished by the prosecuting agency, the officer concerned is required to arrive at the final conclusion and this Court does not find
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