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Judgment
M.D. Shah, J.—This petition under Article 226 of the Constitution of India has been filed seeking to transfer the investigation from the Respondent No. 7-Police Inspector, Mansa Police Station, to any other Police Officer.
Brief facts are that a complaint was filed by Vinodkumar Mangaji Thakore(the Petitioner No. 1 herein) on 14-11-2010 before Mansa Police Station against 41 persons registered as C.R. No. I-141 of 2010 for the offences punishable under Sections 147, 148, 149, 307, 326, 324, 323, 452, 435, 436, 337, 427, 504 and Section 506(2) of IPC and Section 135 of Bombay Police Act inter alia alleging that there was a Puja and Yagna in one Mahakali Temple situated in the Village Ridrol, District Gandhinagar, for three days from 12th to 14th November, 2010 and on that day lunch was arranged for the entire people. However, at 12 noon, when the people from Thakore community started taking steel dishes, Ranchhodbhai Ambalal Patel, Tulsibhai Dahyabhai Patel and other persons of Patel community present there asked the persons of Thakore community to take paper dishes instead of steel dishes insulting Thakore community persons. Thereafter, at about 1 p.m. people from Patel Community came to the Village and one Ranchhodbhai Ambalal Patel gave siren at the compound of Milk Producers Cooperative Society collecting a mob of about 500 persons of Patel Community and assaulted the Thakore community persons and also set on fire their houses causing damage to their houses and injuries to several persons. He gave names of 41 persons who could be identified from the mob. As one of the injured died during treatment, Section 302 of IPC was added. On registration of the FIR, police started investigation. According to the Petitioners, the Investigating Officer is trying to save the real culprit by involving innocent persons and he is carrying out a dishonest investigation. Hence, the present petition has been filed to transfer the investigation from the present Investigating Officer i.e. Respondent No. 7 to any other Police officer.
Heard learned advocate, Mr. B.M. Mangukia for the Petitioners and learned APP, Mr. L.R. Pujari for the Respondent No. 1-State.
It is submitted by learned advocate, Mr. Mangukia, for the Petitioners that the investigation being carried out by the investigating officer is neither in proper manner nor in right direction. It is further submitted that while lodging the complaint, the complainant gave names of several persons, however, while giving the name of Ramesh Govindbhai Patel, who is accused No. 28 in the complaint, it went out of sight that another person having the same name is also living in the same Village. Although he informed the Investigating Officer that person named as accused No. 28 is Ramesh Govindbhai Kachrabhai and not Ramesh Govindbhai Babaldas, he is falsely involving Ramesh Govindbhai Babaldas and is not touching the reason person Ramesh Govindbhai Kachrabhai. According to him, on the date of incident i.e. on 14th November, 2010, Rameshbhai Govindbhai Bhabaldas was not present at the place of incident, however, for the reasons best known, the Respondent No. 7 is tracking out this innocent person so as to let off the real culprit. Since it appeared to the Petitioners that the Investigating Officer is not carrying out a proper investigation but a dishonest investigation is being carried out involving innocent persons, it is requested that the investigation may be transferred from the Respondent No. 7 to any other police officer.
Learned APP, Mr. L.R. Pujari, for the Respondent No. 1 has submitted that it is not true that a dishonest investigation is being carried out by the Investigating Officer. However, he has submitted that if this Court feels that the investigation is not going in the right direction, appropriate order may be passed.
On going through the submissions made on behalf of the parties, it appears to this Court that proper investigation is not being carried out by the Investigating Officer. When the complainant went to the Investigating Officer and explained to him that innocent persons are being dragged into the serious crime, Investigating Officer ought to have seen that no innocent persons are falsely involved in the serious offence. Therefore, to have a proper, fair and impartial investigation, it is in the interest of justice that the investigation of the present case is transferred from the present Investigating Officer to any other Officer.
Under the circumstances, this petition is allowed. The District Superintendent of Police, Gandhinagar, is hereby directed to see that investigation of C.R. No. I-141 of 2010 registered with Mansa Police Station is transferred from the present Investigating Officer to any other suitable Police Officer and incoming Investigating Officer is directed to carry out proper investigation without being influenced by either the complainant or the accused.