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Vadodara police allegedly booked six police personnel for killing a Telangana man while in custody at the Fatehgunj police station. After a month to this incident the Gujarat High Court directed that the case be transferred to the State Crime Investigation Department .
The victim identified as Babu Sheikh Nisar, aged 65 years, went missing on December 10, 2019, after he was taken into custody by policemen on mere suspicion of theft.
A petition was filed before the Gujarat HC by a Police Inspector DB Gohil, the sixth accused in the matter, in order to quash the FIR filed against the six police personnel. The petition was filed before the court through advocate Prashant Khandheria.
The counsel argued before the court and said that the Vadodara police has not yet recovered the body or any material evidence related to the body of the missing person to conclude that the missing person is dead. He further said that the Vadodara police quickly marked this as a case of custodial killing. The FIR is also damaging to the career of my client, also there is no eyewitness to verify that the man has been killed either.
The matter was heard before a division bench of Justices Sonia Gokani and NV Anjaria. The bench ordered that the investigation must be carried out by an officer of the rank of Superintendent of Police. It must be supervised by an officer of the rank of Deputy Inspector General. Both investigating officers will be selected by Director General of Police Ashish Bhatia.
The bench also observed that the act of the Vadodara police agreeing to add IPC Section 302 (culpable homicide amounting to murder) upon the court’s insistence, is “not sufficient discharge of duty” by the said investigating officer.
Mitesh Amin, public prosecutor, during the hearing, requested for some more time on behalf of Vadodara police. He requested for more time in order to find the truth.
The bench said that the court cannot be blind of the fact that it is dealing with those persons who themselves are the experts of the field of investigation. They may also have learnt the art of overreacting the process.
The court added that there might be further shocking details developing as to how for days and months. The bench said no clue is received of a missing person about whom inquiries were made incessantly.
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