IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 2902 of 2022 ==========================================================

NASRIN HANIF JAMAL SHAIKH Versus STATE OF GUJARAT ==========================================================

Appearance:

MUHAMMADYUSUF M KHARADI(9509) for the Applicant(s) No. 1 MR. H.K. PATEL, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY Date : 16/02/2026

ORAL ORDER

1. By filing the present petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Criminal Procedure Code, the petitioner has prayed for the following reliefs: -

“(A) THIS HON’BLE COURT MAY BE PLEASED TO quash and set aside the impugned Order 03/12/2018 passed by the learned Additional Chief Judicial Magistrate and Inquiry Officer, Lunawada in Magisterial inquiry No.25 of 2018 in the interest of justice and equity.

(B) THIS HON’BLE COURT MAY BE PLEASED TO direct the Respondent to register Fist Information Report qua death of the victim- Sajid @ Rabdi and thereby direct the Residence/any other independent agencies to hold and conduct inquiry qua encounter of the victim- Sajid @ Rabdi in pursuance to guidelines issued by the Hon’ble Supreme Court in the case of People’s Union For Civil Liberties vs State of Maharashtra reported in 2014 (10) SCC 635.

(C) THIS HON’BLE COURT MAY BE PLEASED TO grant such other and further relief/s as may be deemed fit, just and proper in the facts and circumstances of the case, in the interest of justice and equity.”

2. The facts and circumstances giving rise to filing of the present petition are such that on 18.08.2018 one Sajid @ Rabdi i.e. the deceased against whom 48 offences were registered, had hidden himself in the house of Zarinaben Hakimbhai Rosanali. The Police had received information in this regard and they had reached at the place and it was found that he had kept the females and children as hostages and was having a sword in his hand. The Police initially tried to persuade him to throw the weapon i.e. sword, however he did not yield and started brandishing the sword widely. He was warned not to do so, however he still continued with the act, and thereafter, had assaulted the Police personnel present there with the sword, and therefore, the Police Sub-inspector fired one round in the air from his service revolver. The second round of firing hit the deceased in his neck which resulted into his death and an inquiry under Section 176 of the Cr.P.C. was conducted by learned Additional Chief Judicial Magistrate district Mahisagar at Lunawada and upon inquiry, the learned Magistrate had recorded the finding that the cause of death of the deceased was respiratory failure following injury to the Trachea and left lung due to firearm which is service pistol used by Police Sub-inspector viz. P.R. Karen in order to save the captive ladies and kids and in self defense to prevent assault and fatal injuries or grievous injuries on him and other Police men. It is against these findings recorded by the learned Magistrate that the petitioner had preferred the present petition.

3. Heard learned Advocate appearing for the petitioner. He submitted that as per the law laid down by the Hon’ble Apex Court in its judgment in case of People’s Union For Civil Liberties and Another Versus State of Maharashtra and Others reported in (2014) 10 Supreme Court Cases 635 the inquiry into the accidental death as a result of Police encounter, is required to be conducted in a particular manner. The Hon’ble Apex Court has laid down the guidelines for the said purpose and as per those guidelines, a separate FIR with regard to the death in encounter is required to be registered and inquiry/investigation into the same is to be carried out either by CID or by the Police official of the Police Station other than the Police Station to which the Police party involved in encounter belongs to. In t