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Gujarat High Court,on Monday,dismissed a petition moved by suspended IPS officer Sanjiv Bhatt whereby the latter had challenged the state governments decision to withdraw a revision application at a sessions court in Jamnagar district which is conducting the proceedings of the case. Bhatt and six other policemen are accused of custodial torture and death in the case.
The court,however,stayed the dismissal order till November 8 so that Bhatt can challenge the same at the higher forum. The court also ordered that till then Jamnagar sessions court would not frame charges against Bhatt.
The revision application was challenging a magisterial courts order to issue criminal proceedings against Bhatt and other police men in the case.
Prabhudas Vaishnani,an accused in 1990 riots case at Jamkhambhalia in Jamnagar district,after his bail,died at a hospital reportedly of renal failure and his brother lodged an FIR against Bhatt and six other policemen accusing them of custodial torture and murder. Bhatt was the Assistant Superintendent of Police in Jamnagar district then and he had got arrested around 150 persons in the riots. One of them was Vaishnani.
Investigation in the case was handed over to CID (Crime). It had sought sanction to prosecute Bhatt and others in the case. However,the state government did not grant the sanction saying the officers were discharging their duty in good faith.
Subsequently,the investigating agency submitted a summary report in the case. However,the summary report was rejected by the court and it also ordered criminal process against the accused officers. Against this order,the state government had moved a revision petition before the concerned Sessions Court.
However,on July 6 this year,the government instructed the concerned public prosecutor in the case at Jamnagar to withdraw the revision application.
Bhatt had challenged the governments move and demanded to restore the revision application of the state government.
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