The Gujarat High Court has quashed a 2006 sessions court order that sought to name retired IPS officer R.J. Savani as an accused in a 1993 mob assault case. Justice H.D. Suthar ruled that the evidence was insufficient to summon him under Section 319 of the Criminal Procedure Code.
The ruling, delivered on May 6, addressed a revision application filed by Savani challenging the July 2006 order from the Nadiad sessions court in Kheda district. That order had directed his inclusion as an accused and the recall of witnesses in a case stemming from an incident on May 28, 1993.
In the original FIR, complainant R.M. Vaghela alleged that Savani, then deputy superintendent of police, arrived with a mob of about 100 people and instigated an assault on constable Bipin Vaghela. The FIR invoked multiple sections of the Indian Penal Code along with the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
The investigating officer had earlier filed a closure report clearing Savani, stating no offence was made out against him. The high court noted that the complainant had admitted he was not present at the scene and relied on second-hand information.
Justice Suthar observed that mere suspicion or prima facie evidence is inadequate to summon an additional accused. The court allowed the sessions judge to reconsider the matter only if fresh prima facie evidence emerges. Proceedings against the other ten accused will continue.