Gujarat High Court
Pareshbhai Karsanbhai Rathod vs State Of Gujarat on 26 June, 2024
NEUTRAL CITATION
R/SCR.A/4257/2022 ORDER DATED: 26/06/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 4257 of 2022
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PARESHBHAI KARSANBHAI RATHOD
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR PRATIK Y JASANI(5325) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR CHINTAN DAVE, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 26/06/2024
ORAL ORDER
1. By way of the present petition under Article 226 of the Constitution of India, the petitioner has sought relief to issue appropriate, writ, order or direction to the respondent- authority and to quash and set aside the communication dated 25.01.2022, addressed to the petitioner by the respondent-authority to examine the complaint dated 23.11.2021.
2. Heard learned advocate Mr.Pratik Y. Jasani for the petitioner and learned APP Mr.Chintan Dave for the respondent-State.
3. It is the case of the petitioner that petitioner was working with Atul Motors, which was dealing in buying and selling of automobiles and by and large dealing with a Page 1 of 6 Downloaded on : Thu Jun 27 21:39:04 IST 2024 NEUTRAL CITATION R/SCR.A/4257/2022 ORDER DATED: 26/06/2024 undefined Branch of Maruti Cars namely "resell of cars with True Value", which was managed by the present petitioner as a Manager. Director of one Atul Motors called the petitioner, when he reached the showroom on 05.06.2020, at that time, along with employer, police personnel were present, who manhandled the petitioner alleging that the petitioner has misappropriated the amount without any material or credible evidence. Therefore, petitioner was forcibly detained in the lockup and beaten mercilessly and was made to sign various documents. Thereafter, a frivolous complaint was filed to justify the detention of the petitioner. Then, petitioner has filed a private complaint before the learned Chief Judicial Magistrate, Rajkot being Criminal Inquiry No.428 of 2021 and report from Police Authority was called for and the said application came to be dismissed on 21.10.2021 and against which, Revision Application came to be filed by the petitioner before the learned Sessions Judge. Thereafter, respondent No.2 has addressed communication dated 15.12.2021 to the Commissioner of Police intimating about the complaint given by the petitioner and vide order dated 25.01.2022, the authority has been pleased to file the complaint given by the petitioner. Hence, the present petition is filed and he has requested to consider and to look into the grievance on merits.
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4. Learned APP has opposed this petition and submitted that the present petitioner is accused and Complaint being C.R. No.1120805020114 of 2020 is registered before 'A' Division Police Station, Rajkot City for the offence punishable under Sections 406, 409, 420, 467, 468 and 471 of the IPC on 15.03.2020, wherein, it is alleged that petitioner has committed an offence by forging the documentary evidence and the receipt and interpolated the registration number of the vehicle and forged the receipts and misappropriated amount of Rs.84,84,257/-. In this connection, the petitioner was arrested and then produced before the learned Magistrate on 17.07.2020 and he was sent for remand for a period of 7 days and his further remand was also allowed. During the said period, he has not made any complaint or raised any grievance qua mishandement in the wrongful confinement qua respondent-authority. The authority has rightly turned down the request of the present petitioner because of the said offence. It appears that charge-sheet is filed and whatever grievance raised by the petitioner amounts to his defence and whatever defence he has raised, he may take his defence during the course of trial. Hence, he has requested to dismiss the present petition.
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5. Having heard the learned advocates for the respective parties and perusing the record, it appears that the complaint is filed against the petitioner and the same is produced at 'Annexure-B' of the compilation on 20.06.2020. Considering the fact that petitioner has not raised any grievance before the learned Magistrate qua alleged torture by the police authority, as and when, he produced before the learned Magistrate. A Complaint being Criminal Inquiry No.428 of 2021 is filed before the learned Magistrate on 01.06.2021, which is produced at 'Annexure-C' of the compilation, against the authority of Atul Motors but the name of the police authority has not mentioned, however, in para 7, the allegations levelled against the police personnel and about their presence, at the spot and about filing of his complaint, he has raised the grievance, nonetheless he has raised the defence about the allegations that he has not forged any receipt and no offence under Sections 467, 468 and 471 is committed by him and he is wrongly arraigned as an accused and enroped in offence. In this regard, complaint came to be filed, wherein, learned Magistrate has been pleased to call for the reports from the police authority. Then, another complaint is submitted to Gujarat State Police Complaint Authority against the Police Inspector and Police Commissioner, Rajkot and other police personnel. More or less similar allegations qua impugned complaint dated Page 4 of 6 Downloaded on : Thu Jun 27 21:39:04 IST 2024 NEUTRAL CITATION R/SCR.A/4257/2022 ORDER DATED: 26/06/2024 undefined 20.06.2020 is levelled and reference being made qua his arrest and about the merits of the said case. Further, he has requested to investigate. Further, he has stated that the Criminal Inquiry No.428 of 2021 is filed but the said order is not challenged by the present respondent and he has only filed the new application on the similar ground, raising grievance only qua authority. It appears that petitioner has raised his grievance about the investigation of impugned offence.
5.1. It is needless to say that whatever grievance qua investigation or mishandling or any other act, which amounts to defence and appears an afterthought, the said application is filed on 23.11.2021 after registration of impugned complaint on 20.06.2020, wherein after investigation, charge-sheet is also filed. Hence, whatever allegations are levelled by the petitioner in the application amounts to his defence and at the relevant point of time, he has not raised his voice qua alleged act on the part of the respondent- authority, as and when he brought before the learned Magistrate after his arrest within 24 hours or during the period of remand also and even subsequently, names are also added of all police personnel, keeping in mind as charge-sheet is filed and as alleged allegations amounts to defence is required to be proved during the trial. Earlier Page 5 of 6 Downloaded on : Thu Jun 27 21:39:04 IST 2024 NEUTRAL CITATION R/SCR.A/4257/2022 ORDER DATED: 26/06/2024 undefined Court inquiry is filed by the learned Magistrate then as a second round on more or less with similar set of fact with some cosmetic change application filed before the respondent authority which is filed, hence now question does not arise to re-open the issue on merit, a party cannot be permitted to do, which is not permissible directly to be done obliquely. Hence, respondent authority, on administrative side, has properly deal with this application as charge-sheet is filed and consider whatever defence, he wants to raise. Petitioner's defence are kept open. Considering the peculiar facts of the case and nature of allegations, this Court is of the view that it appears that respondent-authority has not committed any error in giving the reply to the petitioner.
5.2. In view of above, no case is made out to entertain this petition. Hence, the present petition is dismissed. However, It is kept open for the petitioner to raise his defence during the trial. If any defence is raised, at that event, the concerned authority shall have to consider the same on its own merits without being influenced by any observation made by this Court in impugned order.
(HASMUKH D. SUTHAR,J) KUMAR ALOK Page 6 of 6 Downloaded on : Thu Jun 27 21:39:04 IST 2024