Ahmedabad, July 13: The Gujarat High Court today rejected a petition challenging a lower court order directing investigation against Rais Khan, former aide of social activist Teesta Setalvad, for fabricating evidence in a 2002 riot case.
Justice M R Shah hearing the case rejected the petition filed by the registrar, City Civil and Sessions Court, against the last year”s magisterial court order for lodging of FIR against Khan and initiating an inquiry under section 156(3) of CrPC.
The court has also permitted the police to go ahead with the probe on basis of the FIR lodged against Khan.
The FIR was lodged against Khan after special court judge S H Vohra, hearing the 2002 Naroda Gam riot case involving the killing of 11 persons, ordered that a criminal complaint be registered against him for fabricating evidence in December 2010.
Vohra had asked the sessions court”s registrar to lodge a complaint against ”Khan and his associates” and dismissed Khan”s plea to treat him as a witness in Naroda Gam case.
The registrar moved the court order along with a draft complaint to a metropolitan court, which asked Navrangpura police to lodge an FIR and investigate the case under the provisions of Section 156(3) of CrPC.
However, the registrar later moved the high court challenging the metropolitan court”s decision asking police to lodge an FIR on the ground that the special court had already held Khan guilty of offence. (More) PTI PB PD VKV
–Agencies