inkinccorporation@gmail.com Gujarat High Court
Jagdish Bachubhai Chauhan vs State Of Gujarat on 28 January, 2026
NEUTRAL CITATION
C/SCA/6151/2007 ORDER DATED: 28/01/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 6151 of 2007
With
R/SPECIAL CIVIL APPLICATION NO. 3185 of 2007
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JAGDISH BACHUBHAI CHAUHAN & ANR.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR PJ KANABAR(1416) for the Petitioner(s) No. 1
MR MAYANK CHAVDA, AGP for the Respondent(s) No. 1
RULE SERVED BY DS for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
Date : 28/01/2026
ORAL ORDER
1. By the present writ petition, the petitioners are praying
for the following reliefs :-
“[A] Your Lordships be pleased to admit this Special Civil
applications.
[B] Your Lordships further be pleased to issue a writ of
mandamus or any other appropriate writ order or direction,
directing the respondent to hold an independent inquiry with
respect to the allegations made by the petitioner in the
representation at Annexure “B” to the petition and to take
appropriate legal actions against erring police officials at the
earliest in facts and the circumstances of the case and in the
interest of justice;
[C] Your Lordships further be pleased to direct the
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NEUTRAL CITATIONC/SCA/6151/2007 ORDER DATED: 28/01/2026
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respondents to pay an amount of Rs.2,00,000/- to the petitioner
by way of compensation for atrocious acts on the part of the
police officials as stated hereinabove and further be pleased
direct the respondents to entrust the investigation of the
complaint at. Annexure “A” to the petition to an independent
agency in the interest of justice;
[D] Pending admission, hearing and final disposal of this
petition, Your Lordships be pleased to direct the respondents not
to cause any harassment to the petitioner in connection with the
complaint at Annexure “A” to the petition;
[E] Any other and such other reliefs as may be deemed fit and
proper may kindly be granted in the interest of justice.”
2. It is the case of the petitioners that they were being
falsely implicated in a complaint registered with the
Junagadh ‘A’ Division Police Station in CR No. I-115 of 2006
for the offences punishable under Sections 302 and 397 of
IPC and therefore adequate compensation be awarded to
them for causing physical and mental torture to them and
their family members by the respondents.
3. The brief facts of the case are that the petitioner-
Jagdish Bachubhai Chauhan in Special Civil Application No.
6151 of 2007 was working as a small construction contractor
at Amreli, whereas petitioner – Savji Mulji Vaghela in Special
Civil Application No. 3185 of 2007 was serving as a Peon in
the office of the Mamlatdar at Junagadh and who is brother-
in-law of petitioner – Jagdish Bachubhai Chauhan.
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NEUTRAL CITATION
C/SCA/6151/2007 ORDER DATED: 28/01/2026
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3.1 That one Jigneshbhai Madhubhai Solanki, who
happened to be a distant relative of the petitioner- Jagdish
Bachubhai Chauhan and Savji Mulji Vaghela, was employed in
the police department as a Police Constable at Junagadh. On
24.04.2006, Jigneshbhai Madhubhai Solanki was found dead
on duty. Accordingly a criminal complaint came to be lodged
with the ‘A’ Division Police Station, Junagadh on 25.04.2006
by one Mushabhai Mohammadbhai, Armed Head Police
Constable. It is further the case of the petitioners that as the
police could not trace any person who had committed the
said offence, the petitioners and one Pithabhai were
apprehended by the police for questioning. It is further the
case of the petitioners that they were in police custody for
two weeks without any due procedure being followed. The
police tortured the petitioners and other person physically
and mentally by various methods with an intention to involve
them in the murder of Jigneshbhai Madhubhai Solanki. It is
further the case of the petitioners that the petitioners and
other person were brutally beaten by the sticks and also
given electric shocks by the police. It is further the case of
the petitioners that the petitioners and other person were
taken to a private Doctor for medical treatment thereafter.
The petitioners were thereafter repeatedly asked to come to
Police Station and to confess to their involvement in the
crime and face the trial.
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4. Learned advocate Mr. P.J. Kanabar appearing on behalf
of the petitioners submits that the petitioners were beaten
by the police for three days continuously and that on
account of such injuries on legs of the petitioners, they were
required to take treatment from a private Orthopedic
Surgeon at Amreli. He submits that the petitioners were
subjected to continuous harassment and beating which has
caused a lot of mental stress not only to the petitioners but
also to their families. He further submits that the petitioners
were innocent and in spite of this fact, the petitioners were
made to suffer the atrocious acts of the police. They were
even given a communication dated 6.08.2006 to remain
present at Gandhinagar for lie detection test. Learned
advocate further submits that the petitioners have fully co-
operated with the investigation and even lie detection test
was performed by the petitioners on 09.10.2006 and
11.10.2006. He further submits that nothing material was
found against the petitioners in the said test as well as in the
investigation by the Police.
4.1 Learned advocate for the petitioners submits that at
the time of filing of the present writ petitions, the
petitioners were under strong apprehension about their
false implication in the criminal case and in the totality of the
facts and circumstances of the prevailing then, they were
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constrained to file the present writ petitions for an
independent inquiry into the criminal case and further to pay
adequate compensation to the petitioners for the atrocious
acts of the Investigating Officer.
4.2 Learned advocate for the petitioners further submits
that the respondents are jointly and severally liable to pay
adequate compensation for the harassment, beating, illegal
confinement and inhuman treatment given to the
petitioners and accordingly the present writ petitions be
allowed and the respondents be directed to pay the amount
of Rs. 2 lakh to the petitioners by way of compensation. He
further submits that the direction to entrust the
investigation of complaint to an independent agency no
longer survives now in view of the subsequent fact that the
police has filed ‘A’ summary report closing the criminal case
since no accused has been found in the said offence. Learned
advocate further submits that the petitioners had to bear
the brunt of investigation for no fault of their own and
further they are entitled for the said compensation. He
therefore, submits that the present writ petitions be
allowed.
5. Per contra, learned Assistant Government Pleader Mr.
Mayank Chavda for the respondents submits that an FIR
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NEUTRAL CITATION
C/SCA/6151/2007 ORDER DATED: 28/01/2026
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came to be filed on 24.04.2006 in respect of death of
constable – Jignesh Madhubhai Solanki, while he was on duty.
He submits that in the First Information Report, no name of
any person was mentioned by the complainant. Learned AGP
further submits that after the investigation started,
statements of various persons came to be recorded,
Panchnamas came to be drawn. Subsequently the statement
of petitioner – Savjibhai Muljibhai Vaghela, who is maternal
uncle of the deceased came to be recorded. In the said
statement, it was revealed that petitioner – Jagdishbhai
Chauhan was also necessary witness for this investigation
and accordingly, the petitioners were summoned for
recording their statements. The police authorities have
recorded the statements of many other persons. The learned
AGP further submits that the petitioner- Jagdishbhai was
last seen together with the deceased six hours before the
incident took place and therefore he came to be
interrogated. Except for the interrogation, learned AGP
submits that no others acts as alleged have taken place and
the same are false and fabricated. He submits that since it
was found that the petitioners were not co-operating with
the investigation, it was felt that the petitioners be
subjected to lie detection test.
5.1 Learned Assistant Government Pleader further submits
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that after the investigation was completed, the Investigating
Agency could not reach any conclusion and ‘A’ summary
report was filed in CR-I No. 115 of 2006 and investigation in
the said crime has been closed with condition that the
investigation will reopen upon discovery of new material
information. It is further submitted that the said summary
report was accepted by the Trial Court on 23.07.2013.
Learned AGP further submits that the respondents have
acted in accordance with law and the allegations are baseless
and the present writ petitions be dismissed.
6. Heard learned advocates for the parties and perused
the documents on record.
7. In the present case, it is an admitted position that the
First Information Report was registered with the Junagadh
‘A’ Division Police Station being CR-I No. 115 of 2006 for the
offence punishable under sections 302 & 397 of IPC. The
investigation done by the police has been closed. ‘A’
summary report was submitted and the same was accepted
by the Trial Court. It is not denied that the petitioners were
interrogated by the police during the investigation since
they were close relatives of the deceased. The petitioners
herein were also made to undergo lie detection test, since
the petitioners were not co-operating with the investigation
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NEUTRAL CITATION
C/SCA/6151/2007 ORDER DATED: 28/01/2026
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in respect of the crime in question. As the Investigating
Agency could not come to any conclusion as to who had
committed the crime, accordingly ‘A’ summary report came
to be filed and complaint came to be closed.
8. Asfar as the allegation of atrocities committed upon
the petitioners by the respondents is concerned, the same
are only by way of averments made in the petitions. The
petitioners have not placed on record any supportive
material in respect of the allegations so made. The
petitioners have alleged that due to such atrocities by the
respondents, they had to undertake the medical treatment
by a private Orthopedic Surgeon. However, even in support
of the said fact, the petitioners have not placed on record
any medical report or case papers of treatment. Further, the
petitioners have averred apprehension that they would be
implicated in the said crime and that in the fear of such
apprehension, they have filed the present writ petitions.
9. Even such apprehension is belied by the reply filed by
the respondents and the investigation papers placed on
record. In the present case, it seems that the writ petitions
were filed only under the apprehension that they may be
arrested for the crime in question and to avoid the same.
Further, in absence of any material particulars with respect
to the atrocities committed and the injuries alleged to have
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suffered by the petitioners and further on the apprehension
that the petitioners may be implicated in the crime, the
petitioners can not be granted any reliefs as prayed for. The
investigation in the said crime has been completed and the
Trial Court has also accepted ‘A’ summary report by the
order dated 23.07.2013. The petitioners were never been
arrested nor implicated as an accused in the crime by the
Police.
10. In view thereof, the present writ petitions are devoid of
merits and are accordingly dismissed. No order as to costs.
(ANIRUDDHA P. MAYEE, J.)
SALIM/
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