AHMEDABAD: In a major blunder, Chandkheda police booked a person
who died 12 years ago in a case of atrocity and assault. The
man's relatives have moved
Gujarat HC citing the goof-up to claim innocence.
The case pertains to an FIR filed on July 11 with Chandkheda police wherein one Mukti Meena accused Ramanbhai Patel and three of his family members of criminal assault and hurling casteist remarks.
The four were booked under various sections ofthe IPC and Atrocity Act. The complainant claimed that the family started a quarrel with her while she was shifting her luggage.
Patel’s daughter Dipika, son Hemendra and daughterin-law Mittal filed a quashing petition in the HC claiming the FIR was bogus and their names were mentioned in the FIR merely from the name plate, which mentions all four occupants of the flat in Motera. The family claimed the cops also did not verify facts. Had they done so, they would not have pressed charges against a man dead 12 years ago.
The family took the cops to court over the blunder
HC orders cops not to arrest accusedRamanbhai Patel’s relatives furnished his death certificate showing that he had passed away on October 2, 2007. They questioned how a dead person could take up a quarrel with the complainant. The family expressed grievance that the investigating officer refused to heed to their version and insisted on their surrender. He did not allow them to express their point that Ramanbhai was already dead.
Arguing that the FIR registered by Meena is a complete misuse of the provisions of the Atrocity Act, the petitioners further claimed that they were not even aware of the complainant’s caste. After hearing the case, the high court on Monday ordered police not to arrest the accused, though they can continue with the investigation. The HC has also issued notice to the state government and sought its reply on the issue by October 17.