1. By way of this petition under Article 227 of the Constitution of India the petitioner, who seems to be the suspected person in connection with FIR, being C.R. No. I 12/2009 registered with Dungri Police Station, Valsad, which has been lodged for the offences punishable under Sections 302, 307 and 120B of the Indian Penal Code, has prayed for the following relief;
(A) Your Lordships, be pleased to issue appropriate writ, order or directions and be pleased to restrain respondent no. 2 from pressurizing the petitioner and compelling to give false police statement in connection with the investigation of the offence registered as C.R. No. I 12/2009 with Dungari Police Station, the petitioner be not compelled to give his statement further or the petitioner be permitted to give his police statement by way of affidavit to be sent to the respondent no. 2 by the petitioner in the interest of justice;
2. Shri M.M. Tirmizi, learned advocate appearing on behalf of the petitioner has stated that the petitioner is called by the concerned Investigating Officer time and again and he is subjected to investigation on number of occasions but still nothing has been found against the petitioner and he is called by the concerned Investigating Officer time and again and he is pressurizing and/or compelling the petitioner to give false statement in connection with the investigation of the impugned FIR and, therefore, it is prayed to direct respondent no. 2- Investigating Officer not to compel the petitioner to give his statement further or he may be permitted to give his statement by way of affidavit.
3. Shri L.B. Dabhi, learned APP appearing on behalf of respondent no. 2, under instructions from respondent no. 2 who is personally present in the Court, has stated at the bar that as such the petitioner is not called for investigation for nothing. It is submitted that as and when any further material is found and/or the petitioner is to be interrogated he is called, which is part of the investigation. An affidavit-in-reply is also filed submitting that the petitioner is not pressurized by respondent no. 2 as alleged and/or is not compelled to give false statement as alleged. He has stated at the bar, under instructions from the concerned Investigating Officer, that as and when it is required by the Investigating Officer to examine/interrogate the petitioner in connection with the aforesaid FIR then and then only he will be called and interrogated, which will be part of the investigation.
4. Heard Shri Tirmizi, learned advocate appearing on behalf of the petitioner and Shri L.B. Dabhi, learned APP appearing on behalf of the respondents. It appears that respondent no. 2 is investigating the FIR, being C.R. No. I 12/2009 for serious offence under Sections 302, 307 and 120B of the Indian Penal Code and during the course of the investigation it is found that the petitioner is a suspect/witness and, therefore, during the course of the investigation, the petitioner is called for the investigation time and again, which is as such part of the investigation. As stated hereinabove by the learned APP appearing on behalf of the respondent-State and the concerned Investigating Officer, as such the petitioner is not pressurized by respondent no. 2 and/or is not compelled to give false statement as alleged. Under the circumstances, if the petitioner being a suspect/witness, is to be interrogated by the concerned Investigating Officer during the course of the investigation, he cannot be restrained from calling the petitioner for the purpose of further investigation. If, the petitioner is of the opinion that his statement is recorded falsely and/or under compulsion it will be open for the petitioner to submit an appropriate application before the concerned Magistrate, which shall be considered in accordance with law and on its own merits. However, no such relief can be granted in the present petition as prayed for in the present petition permitting the petitioner to give false statement by way of affidavit. As stated hereinabove, if the petitioner is of the opinion that any statement record by respondent no. 2 recorded during the course of the investigation is not as per the statement and/or is under compulsion, an appropriate application shall be submitted before the concerned Magistrate, which be considered in accordance with law and on its own merits.
5. With this, the present petition is dismissed. Rule is discharged. Ad-interim relief granted earlier, if any, stands vacated forthwith.
(M.R. SHAH, J.) siji