LexJAKIA NASIM AHESAN & ANR. versus STATE OF GUJARAT & ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
[2011] 11 S.C.R. 365
JAKIA NASIM AHESAN & ANR.
v.
STATE OF GUJARAT & ORS.
(Criminal Appeal No. 1765 of 2011)
SEPTEMBER 12, 2011
[D.K. JAIN, P. SATHASIVAM AND AFTAB ALAM, JJ.]
CODE OF CRIMINAL PROCEDURE, 1973:
A
B
Chapter XII, s. 173(8) read withs. 482 Cr.P.C. and Article c
226 read with Article 136 of the Constitution - Monitoring of
investigation by Court - Gu/berg Society case in State of
Gujarat - Charge-sheet filed and case committed to Court of
Session - Subsequently, petition by wife of the deceased MP
before High Court seeking direction for registration of her 0
complaint as an FIR against the persons named therein for
. offences punishable u/ss 302, 120-B /PC etc. and for
entrusting investigation to an independent agency - Petition
dismissed by High Court - Supreme Court directing the
Special Investigation Team (SIT), which had been constituted
E
to carry out further investigation in 9 cases, to look into the
complaint of the appellant -
SIT conducted further
{~vestigation and submitted. its report to the Court - Amicus
~uriae who was directed to examine the report of SIT a/so
submitted his report - Held: In the instant case, a stage has
been reached where the process of monitoring of the case
F
must come to an end - It would neither be desirable nor
advisable to retain further seisin over the case - Bearing· in
mind the scheme of Chapter XII of the Code, once the
investigation has been conducted and completed by the SIT,
in terms of the orders pas~ed by the Court from time to time,
G
there is no course available in law, save and except to forward
the final report u/s 173 (2) of the Code to the court empowered
to take cognizance of the offence alleged - The Chairman,
SIT is directed to forward a final report, a/orig with the entire
365
H
366
SUPREME COURT REPORTS·
[2011) 11 S.C.R.
A material collected by the SIT, to the court which had taken
cognizance of Crime Report No. 67 of 2002, as required uls
173(2) - However, if for any stated reason the SIT opines in
its report that there is no sufficient evidence or reasonable
grounds for proceeding ag.ainst any person named in the
B complaint, dated 8-6-2006, before taking a final decision on
such 'closure' report, the court shall issue notice to the
complainant in accordance with law as enunciated in
Bhagwant Singh's case.
C
M. C. Mehta (Taj Corridor Scam) Vs. Union of India & Ors.
2006 (9) Suppl. SCR 683 = 2007 (1) SCC 110; Bhagwant
Singh Vs.
Commissioner of Police & Anr. 1985
(3) SCR 942 = 1985 (2) SCC 537; Union of India & Ors. Vs.
Sushi/ Kumar Modi & Ors 1998 (8) SCC 661; Vineet Narain
& Ors. Vs. Union of India & Anr. 1996 (1) SCR 1053 = 1996
D (2) SCC 199; M.C. Mehta Vs. Union of India & Ors. 2007 (10)
SCR 1060 = 2008 (1) SCC 407; and Narmada Bai Vs. State
of Gujarat & Ors. 2011 (5) SCC 79 - relied on.
Case Law Reference:
E
2006 (9) Suppl. SCR 683 relied on
para 8
1985 ( 3 ) SCR 942
relied on
para 9
1998 ( 8 ) sec 661
relied on
para 10_
F
1996 ( 1 ) SCR 1053
relied on
para 10
. '
2007 (10 ) SCR 1060
relied on
para 11
2011 (5 > sec 79
relied on
para 12
G
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal
No. 1765 of 2011.
H
From the Judgment & Order dated 02.11.2007 of the High
Court of Gujarat at Ahmedabad in Special Crl. Application No.
421' of 2007.
JAKIA NASIM AHESAN & ANR. v. STATE OF
367
GUJARAT & ORS.
Raju Ramachandran, Mukul Rohtagi, Ranjit Kumar, Gaurav
A
Agrawal, P. Ramesh Kumar, Aparna Bhat, Hemantika Wahi,
Jesal, Suveni Banerjee, E.C. Agrawala, A. Venayagam Balan,
N. Ganpathy for the appering parties.
The following order of the Court was delivered
B
ORDER
1. Leave granted.
2. This appeal by special leave, arises out of the judgment c
dated 2nd November, 2007, delivered by the High Court of
Gujarat at Ahmadabad in Special Criminal Application No. 421
of 2007, dismissing the writ petition preferred by one of the
hapless victims of the abominable and woeful events which
took place in the State of Gujarat between February, 2002 and
0
May, 2002 after the abhorrent Godhra incident on 27th
· February, 2002. By the said petition under Article 226 of the
Constitution of India read with Section 482 of the Code of
Criminal Procedure, 1973 (for short "the Code"), the appellant
had sought for a direction to the Director General of Police,
State of Gujarat, to register her private complaint dated 8th
June, 2006 as a First Information Report and dirExcerpt shown. Read the full judgment & AI analysis in Lexace.