Gujarat High Court
Manohar Mangharam Galani vs State Of Gujarat on 16 January, 2023
Author: Gita Gopi
Bench: Gita Gopi
NEUTRAL CITATION
R/CR.MA/10639/2019 JUDGMENT DATED: 16/01/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC. APPLICATION NO. 10639 of 2019
With
R/CRIMINAL MISC. APPLICATION NO. 10642 of 2019
With
R/CRIMINAL MISC. APPLICATION NO. 10645 of 2019
With
R/CRIMINAL MISC. APPLICATION NO. 10646 of 2019
With
R/CRIMINAL MISC. APPLICATION NO. 10648 of 2019
FOR APPROVAL AND SIGNATURE:
HONOURABLE MS. JUSTICE GITA GOPI
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1 Whether Reporters of Local Papers may be allowed No
to see the judgment ?
2 To be referred to the Reporter or not ? No
3 Whether their Lordships wish to see the fair copy No
of the judgment ?
4 Whether this case involves a substantial question No
of law as to the interpretation of the Constitution
of India or any order made thereunder ?
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MANOHAR MANGHARAM GALANI
Versus
STATE OF GUJARAT
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Appearance in Cr.M.A. No.10639 of 2019:
Page 1 of 48
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NEUTRAL CITATION
R/CR.MA/10639/2019 JUDGMENT DATED: 16/01/2023
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VMP LEGAL(7210) for the Applicant(s) No. 1,2
NOTICE UNSERVED for the Respondent(s) No. 2
MR DHAWAN JAYSWAL APP for the Respondent(s) No. 1
Appearance in Cr.M.A. No.10642 of 2019:
VMP LEGAL(7210) for the Applicant(s) No. 1-3
NOTICE UNSERVED for the Respondent(s) No. 2
MR DHAWAN JAYSWAL APP for the Respondent(s) No. 1
Appearance in Cr.M.A. No.10645 of 2019:
VMP LEGAL(7210) for the Applicant(s) No. 1-3
NOTICE UNSERVED for the Respondent(s) No. 2
MR DHAWAN JAYSWAL APP for the Respondent(s) No. 1
Appearance in Cr.M.A. No.10646 of 2019:
VMP LEGAL(7210) for the Applicant(s) No. 1-4
NOTICE UNSERVED EXPIRED (N) for the Respondent(s) No. 2
MR DHAWAN JAYSWAL APP for the Respondent(s) No. 1
Appearance in Cr.M.A. No.10648 of 2019:
VMP LEGAL(7210) for the Applicant(s) No. 1,2
NOTICE UNSERVED for the Respondent(s) No. 2
MR DHAWAN JAYSWAL APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 16/01/2023
COMMON ORAL JUDGMENT
1. Since one of the petitioner in all the mater is common and the co-petitioners are related to the common petitioner and the issue is almost similar, thus, all the petitions are heard together and are disposed of by this Page 2 of 48 Downloaded on : Sun Sep 17 20:52:35 IST 2023 NEUTRAL CITATION R/CR.MA/10639/2019 JUDGMENT DATED: 16/01/2023 undefined common judgment.
2. The petitioners have filed these petitions under Section 482 of the Code of Criminal Procedure, 1973, (for short "the Cr.P.C.") praying to quash and set aside the complaints being:
(i) Criminal Case No.1099/1993 filed before the JMFC, Dakor, Dist. Kheda under sections 420 and 114 of IPC, impugned in Criminal Misc. Application No.10639 of 2019;
(ii) Enquiry Case No.6/1994 filed before the JMFC, Bajwa, Vadodara, under sections 420, 406 and 114 of IPC, impugned in Criminal Misc. Application No.10642 of 2019;
(iii) Criminal Case No.288/1994 filed before the Metropolitan Magistrate, Ahmedabad under sections 420, 406 and 114 of IPC, impugned in Criminal Misc.
Application No.10645 of 2019;
(iv) M. Case No.11/1994 filed before the JMFC, Dabhoi, Page 3 of 48 Downloaded on : Sun Sep 17 20:52:35 IST 2023 NEUTRAL CITATION R/CR.MA/10639/2019 JUDGMENT DATED: 16/01/2023 undefined Vadodara, under sections 143, 394, 397 and 398 of IPC, impugned in Criminal Misc. Application No.10646 of 2019;
(v) Criminal Case No.3/1994 filed before the JMFC (Municipal Court), Makarpura, Vadodara, under section 406, 420 and 114 of IPC, impugned in Criminal Misc. Application No.10648 of 2019.
3. Advocate Mr. Vimal Patel for VMP Legal, submits that the petitioners are before this Court praying for quashing of five complaints and states that about ten cases have been registered against Manohar Mangharam Galani and his family members as co-accused, which include father, brother, sister and brother-in-law. He submits that out of ten complaints, five complaints have been dismissed. The brief narration of the five cases, which were dismissed, are enumerated hereunder:
(i) Criminal Case No.704/1994 filed by the complainant
- Tarachand Manumal Lalwani against Pushpa Page 4 of 48 Downloaded on : Sun Sep 17 20:52:35 IST 2023 NEUTRAL CITATION R/CR.MA/10639/2019 JUDGMENT DATED: 16/01/2023 undefined Galani under section 138 of the N.I. Act before the JMFC, Dabhoi, Dist. Vadodara, which came to be dismissed. The status of complainant, he was absconding since 1999 and expired on 17.12.2013 and as per the statement recorded in 1995 of the complainant and his wife, they filed the case under pressure from Bharat Bhojwani.
(ii) Summary Suit No.67/1994 filed by the complainant -
Vasava Natubhai Chhotubhai against Manohar Galani under Order 37 of CPC before the 3 rd Joint Civil Judge, Vadodara, came to be dismissed. The status of plaintiff, he was a poor labourer and has given his affidavit stating that he gave his thumb impression to Bharat Bhojwani and Tarachand Lalwani for getting a loan to buy buffalo, and he denied having filed the suit.
(iii) Criminal Case No.337/1994 filed by the complainant
- Tahalram Kishnmal Sindhi against Mangharam Galani, Manohar Galani, Dev M. Galani and Pushpa Page 5 of 48 Downloaded on : Sun Sep 17 20:52:35 IST 2023 NEUTRAL CITATION R/CR.MA/10639/2019 JUDGMENT DATED: 16/01/2023 undefined M.Galani under sections 323, 504, 506(II) and 114 of IPC before the JMFC, Padra, Dist. Vadodara, which came to be dismissed for non-prosecution. About the status of complainant, he was a cook and admitted that he never gave any money to the petitioner.
(iv) Criminal Case No.102/1994 filed by the complainant
- Harishkumar Mukundlal Panchal against Mangharam Galani, Manohar Galani, Dev M. Galani, Rekha M.Galani and Pushpa M.Galani under sections 406, 420 and 114 of IPC before the JMFC, Borsad, which came to be dismissed as the complainant was absent. The status of complainant, he was a fictitious person.
(v) Enquiry Case No.3/1994 filed by the complainant -
Bhagwatiben Sajandas against Manohar Galani and Dev M. Galani under sections 363, 406, 420, 506(II) and 114 of IPC before the JMFC, Jamkhambalia, Dist. Jamnagar, came to be dismissed as the complainant was absent. The status of complainant, Page 6 of 48 Downloaded on : Sun Sep 17 20:52:35 IST 2023 NEUTRAL CITATION R/CR.MA/10639/2019 JUDGMENT DATED: 16/01/2023 undefined he was a fictitious person and not traceable. The CID (Crime) reports 21.03.1995, 27,03,1995 and 25.02.2004 reflect the facts of complainant being fictitious persons.
4. In context, Advocate Mr. Vimal Patel places reliance on the judgment of the Division Bench of this Court in the case of Ajit D. Padiwal v. State of Gujarat, reported in 2005 1 GLR 743, and has referred to para- 20 of the said judgment, which reads as under:
"20. As found from the reports submitted from time to time it is very clear that in respect of complaint registered vide C.R.No.1 of 1995, the investigating officer has filed charge-sheet against the accused persons in the Court of the learned Special Judge, Vadodara and the investigation of the said case is still under progress. As per the investigation carried out by the officers of C.R. No.1 of 1995, the said investigation was in respect of complaint filed by Manhar Galani against the accused persons, who had filed false complaints in Page 7 of 48 Downloaded on : Sun Sep 17 20:52:35 IST 2023 NEUTRAL CITATION R/CR.MA/10639/2019 JUDGMENT DATED: 16/01/2023 undefined different Courts in Gujarat and the investigation revealed in the form of material suggest that a false complaint has been filed against Manhar Galani and his family members."
4.1 Mr. Patel referring to the said judgment submits that the petitioner before this Court at the relevant time was a practicing Advocate and on the basis of the newspaper report against issuance of non-bailable warrant against the high dignitaries of the Maharashtra State by the Judicial Magistrate at Dakor, alleging that in Dakor Court in District Kheda, the warrants have been issued against anyone and everyone just for asking and all that has to be done is to file complaint of any nature. Mr. Patel submitted that Shri Ajit D.Padiwal, practicing Advocate, while filing the Public Interest Litigation annexed the copies of newspaper reports published in daily Times of India from Ahmedabad dated 09.12.1994 as well the Gujarati newspaper 'Gujarat Samachar' from Ahmedabad dated 08.12.1994 and other newspapers cutting published from Ahmedabad, Vadodara and Rajkot Page 8 of 48 Downloaded on : Sun Sep 17 20:52:35 IST 2023 NEUTRAL CITATION R/CR.MA/10639/2019 JUDGMENT DATED: 16/01/2023 undefined namely daily Loksatta dated 08.12.1994. Relying upon the said news items, the petitioner had approached for seeking relief by way of filing petition under Article 226 and 14 of the Constitution of India by joining State of Gujarat and Registrar of High Court of Gujarat and the Bar Council of Gujarat.
4.2 Mr. Patel referring to the observation in para- 20 of the said judgment submitted that as per the investigation carried out by the officers, C.R. No.1 of 1995, which was in respect of the complaint filed by one of the petitioner in the present matters, false complaints have been filed against him and against his family members.
4.3 Mr. Patel referring to para-38.3 of the judgment of Ajit D. Padiwal (supra), states that though one of the petitioner of the present matters was represented in the referred matter, but since that was a Public Interest Litigation and the petitioner was not an applicant therein, the Bench has made the observation as Page 9 of 48 Downloaded on : Sun Sep 17 20:52:35 IST 2023 NEUTRAL CITATION R/CR.MA/10639/2019 JUDGMENT DATED: 16/01/2023 undefined under:
"38.3 As regards quashing of complaints against the applicant and his family members though Mr. Raju, learned advocate for the applicant has made very forceful submissions but in this case P.I.L. has been filed by Mr. Padiwal where the applicant, is not a party before this Court in view of the order of this Court. He has not filed any independent proceedings under Section 482 of the Cr.P.C. and in view of the fact that in some cases charge- sheet has been filed and in some cases F.I.R. has been lodged and in view of the decision in the case of State of Haryana Vs. Bhajan Lal (supra) this Court is not inclined to quash any proceedings initiated against the applicant and his family members in this behalf."
4.4 Mr. Patel stated that all the cases against the petitioners have been reflected in the judgment in paras- 5.4 to 5.14A, which are reproduced hereinbelow:
"5.4. Criminal Case No.1099 of 1993 (Before JMFC at Dakor) Page 10 of 48 Downloaded on : Sun Sep 17 20:52:35 IST 2023 NEUTRAL CITATION R/CR.MA/10639/2019 JUDGMENT DATED: 16/01/2023 undefined 5.4A Gemsingh Shankarsingh Thakore filed Criminal Case No.1099 of 1993 against Manohar Mangharam Galani and Pushpaben Mangharam Galani (all are accused in that case) under Sections 420 and 114 of the IPC. The complainant has alleged that he has given an advance of Rs. 31,000/to the accused in connection with investment in shares which he refused to pay. Hence, complaint was filed.
5.5 The learned JMFC, Dakor, passed an order dated 29.1.1994 issuing bailable warrants against the accused. The accused were arrested on 22.12.1993 and they were released on bail after furnishing security.
5.6 Criminal Case No.288 of 1994 (18th Metropolitan Magistrate Court, Mirzapur, Ahmedabad) 5.6A AKanubhai Somabhai filed Criminal Case No. 288 of 1994 in the Court of Metropolitan Magistrate, Court No.18, Ahmedabad, against Mangharam Dharamdas Galani, Manohar Mangharam Galani, Dev Mangharam Galani, Pushpaben Mangharam Galani and Inderlal Kukreaja (all are accused in that Page 11 of 48 Downloaded on : Sun Sep 17 20:52:35 IST 2023 NEUTRAL CITATION R/CR.MA/10639/2019 JUDGMENT DATED: 16/01/2023 undefined case) under Section 420, 406, 114 of the IPC. The complainant had advanced a sum of Rs. 52,000/- which the accused refused to pay. Hence, complaint was filed.
5.7 The issued time, grated learned Magistrate, by order dated 23.2.1994, bailable warrant. In this case also, for some the accused were in jail and the accused were bail on furnishing surety. 5.8 Criminal Case No.368 of 1994 Before JMFC, Jam-Khambhalia - Inquiry Case No.3 of 1994 (transferred to Jamnagar Court as Criminal Case No. 323 of 1995) 5.8A Bhagwatiben Sajandas filed a complaint against Manohar M. Galani and Dev Mangharam Galani in the Court of JMFC, Jam Khambadia, (all are accused in that case) under Sections 363,406, 420, 354, 506(2) and 114 of the IPC.
5.9 The learned JMFC passed an order regarding enquiry under Section 202 after the complainant filed an affidavit. It appears that, after some time, on 16.1.1995, as the complainant was not traceable, the complaint was rejected as Page 12 of 48 Downloaded on : Sun Sep 17 20:52:35 IST 2023 NEUTRAL CITATION R/CR.MA/10639/2019 JUDGMENT DATED: 16/01/2023 undefined not pressed.
5.10 Criminal Case No.102 of 1994 (JMFC Court, Borsad) 5.10A Harishkumar Mukundlal Panchal filed Criminal Case No.102 of 1994 in the Court of JMFC, Borsad, against Mangharam Dharamdas Galani. Manohar Mangharam Galani, Dev Mangharam Galani, Rekhaben Mangharam Galani and Pushpaben Mangharam Galani (all are accused in that case) for the offences punishable under Section 420, 406, and 1114 of the IPC. It is the case of the complainant that the complainant has paid Rs. 35,000/- in cash which the accused has failed to return. Hence complaint was filed. 5.11 It appears that the JMFC, Borsad Court, passed an order issuing warrants against the accused on 20.1.1994. It appears that, thereafter, nothing has happened and the case was pending.
5.12 Criminal Case No.3 of 1994 (JMFC Municipal Court, Baroda) Page 13 of 48 Downloaded on : Sun Sep 17 20:52:35 IST 2023 NEUTRAL CITATION R/CR.MA/10639/2019 JUDGMENT DATED: 16/01/2023 undefined 5.12A AAshokkumar Indermal Vatiyani filed the aforesaid complaint against Manohar Mangharam Galani and Dev Mangharam Galani (all are accused in that case) for the offences under Section 406, 420 and 114 of the Indian Penal Code. In this case the accused has to pay Rs.35,000/-. Out of that the accused has paid Rs. 3000/-. As Rs. 32,000/- was not paid, complaint was filed.
5.13 Enquiry Case No.6 of 1994 (JMFC Bajwa Court No.4, near Baroda) 5.13A Chandulal Dayaldas Jaisinghani filed the aforesaid case against Mangharam Dharamdas Galani, Manohar Mangharam Galani, Dev Mangharam Galani, and Pushpaben Mangharam Galani (all are accused in that case) for the offences punishable under Sections 420, 406, and 114 of the IPC in the Court of JMFC, at Vadodara.
5.14 Summary Suit No.67 of 1994 (3 rd Joint Civil Judge, Vadodara) 5.14A Vasava Natubhai Chhotubhai filed the aforesaid suit in the Court of the Page 14 of 48 Downloaded on : Sun Sep 17 20:52:35 IST 2023 NEUTRAL CITATION R/CR.MA/10639/2019 JUDGMENT DATED: 16/01/2023 undefined learned Civil Judge (S.D.), at Vadodara, against Manharbhai Mangharam Galani, on the ground that the defendant had executed a promissory note for Rs.1 lakh on 30.6.1993 and as the defendant has failed to make against the said promissory note, the suit was filed on 29.1.1994." 4.5 Mr. Patel submitted that the State of Gujarat through Chief Secretary had moved the Hon'ble Supreme Court under Article 136 of the Constitution of India by filing Special Leave Petition No.11724 of 2005 with prayer for interim relief, where the State under the ground no.(D) had raised contention as error committed by High Court remanding all ten cases back to the respective regular trial Courts for further orders, since the said cases in its inquiry were held to be so false and bogus. The State has raised contentions that the procedure would be very unjust and harsh to the victim of the false cases, as they were forced to go to the various courts in Gujarat where false cases have been instituted, thus Advocate Mr. Patel submitted that the State at that relevant time has contended that the same has already Page 15 of 48 Downloaded on : Sun Sep 17 20:52:35 IST 2023 NEUTRAL CITATION R/CR.MA/10639/2019 JUDGMENT DATED: 16/01/2023 undefined taken 10 years since the institution of the bogus false cases and it would be a travesty of justice, if the victim has to undergo rigors of false prosecution; thus Mr. Patel submitted that at the relevant time the State was also of the view that all the cases against the petitioner was false and bogus and petitioners were unduly and unjustly harassed in false cases in various courts in Gujarat. 4.6 Mr. Patel stated that, in that matter the Hon'ble Supreme Court on 03.09.2012 after hearing upon the parties had passed the order in Special Leave Petition No.11724 of 2005, which is reproduced hereinbelow for ready reference:
"In view of the fact that in SLP(C) No.10008/2005 leave has been granted, we are not inclined to entertain this writ petition under Article 32 of the Constitution of India by the same party. The writ petition is dismissed accordingly. We may, however, clarify that at the time of final disposal of the civil appeal, it will be open to the writ petitioners to urge any additional ground, which is raised in this writ petition subject to the leave of the Page 16 of 48 Downloaded on : Sun Sep 17 20:52:35 IST 2023 NEUTRAL CITATION R/CR.MA/10639/2019 JUDGMENT DATED: 16/01/2023 undefined Court."
4.7 Mr. Patel further stated that the State had moved the Hon'ble Supreme Court against the reported judgment of Ajit D. Padiwal v. State of Gujarat (supra) passed in Special Civil Application No.13258 of 1994 with the interim relief application. The prayer of the State before the Hon'ble Supreme Court in that matter are reproduced as under:
"7. (a) Grant Special Leave to Appeal against the impugned Judgment and final order dated 15.09.2004, 20.09.2004, 21.09.2004 and 22.09.2004 passed by the High Court of Gujarat at Ahmedabad in Special Civil Application No.13258/1994.
(b) Pass such further or other order(s) as may be deemed fit and proper in the facts and circumstances of the case.
8. PRAYER FOR INTERIM RELIEF
(a) Grant exparte ad-interim stay of the Grant Special Leave to Appeal against the impugned Judgment and final Order dated 15.9.2004, 20.9.2004, 21.9.2004 and Page 17 of 48 Downloaded on : Sun Sep 17 20:52:35 IST 2023 NEUTRAL CITATION R/CR.MA/10639/2019 JUDGMENT DATED: 16/01/2023 undefined 22.9.2004 passed by the High Court of Gujarat at Ahmedabad in Special Civil Application No.13258/1994.
(b) Pass such further or other order(s) as may be deemed fit and proper in the facts and circumstances of the case." 4.8 Mr. Patel states that petitioner - Manohar Mangharam Galani was before the Hon'ble Supreme Court in Civil Appeal No.6396 of 2012 on the facts that his sister had started a firm in the name of 'Jubilee Capital Market Services' at Ulhasnagar for sale and purchase of shares and other related financial services. The appellant - Manohar Galani employed with the Punjab National Bank was helping his sister in the firm. One Kishore K.Keshwani started investing in shares and stocks through the firm in March, 1992. During 1993, the share market crashed resulting in very heavy losses to the investors. Advocate Mr. Patel submitted that Kishore Keshwani blamed the appellant for the loss of approximately Rs.13 Lakhs suffered by him and Mr. Keshwani instituted as many as 10 cases against the Page 18 of 48 Downloaded on : Sun Sep 17 20:52:35 IST 2023 NEUTRAL CITATION R/CR.MA/10639/2019 JUDGMENT DATED: 16/01/2023 undefined appellant and his family members directly or with the help of others, out of which one was a civil suit and the remaining 9 were criminal cases. In 6 of the criminal cases arrest warrant was issued against petitioners and they were illegally arrested.
4.9 Mr. Patel submitted that it was the case of the petitioner before the Hon'ble Supreme Court that there was an illegal racket in the State of Gujarat whereby some unscrupulous lawyers in connivance with court officials were procuring arrest warrants against seven accused without following the procedure prescribed by law and without verifying whether there was any truth in the complaint. Mr. Patel submitted that petitioner - Manohar Galani informed one Mr. Mahatre, a journalist about the manner in which he was arrested and therefore Mr. Mahatre decided to carry out a sting operation and he filed a complaint and managed to obtain arrest warrants against a Judge of Bombay High Court, the Home Minister of Maharashtra, 3 M.L.As, a spokesman of Page 19 of 48 Downloaded on : Sun Sep 17 20:52:35 IST 2023 NEUTRAL CITATION R/CR.MA/10639/2019 JUDGMENT DATED: 16/01/2023 undefined national party and a journalist and after obtaining the warrants, Advocate Mr. Patel submitted that Mr. Mahatre alleged the same before the police in which arrest warrants were being issued, and according to the petitioner, the sting operation was carried out at his instance and the matter was splashed across the newspapers and the police started investigation in the matter. Mr. Patel submitted that in fact Sessions Court, Nadiad took suo motu notice and quashed the order of the Judicial Magistrate, Dakor and recalled the warrants. The case was transferred from JMFC Dakor to JMFC Nadiad.
4.10 Mr. Patel states that Public Interest Litigation was filed in the High court by Advocate Ajit D.Padiwal, who died during the pendency of the petition, but keeping in view the serious nature of the issues involved, the High Court continued the appeal and appointed amicus curiae for assistance. The petitioner also intervened in the matter and the criminal proceedings were also instituted Page 20 of 48 Downloaded on : Sun Sep 17 20:52:35 IST 2023 NEUTRAL CITATION R/CR.MA/10639/2019 JUDGMENT DATED: 16/01/2023 undefined against four persons before the Dakor Court and Mr. Patel submitted that the this Court in Public Interest Litigation, vide judgment dated 15th /20th /21st and 22nd September, 2004, reported in 2005 (1) GLR 743, has disposed of the matter with various directions which have not been challenged.
4.11 Mr. Patel further submitted that the challenge which given by the petitioner - Manohar Mangharam Galani was on the background that during the course of proceedings before the High Court various reports were submitted by the police officials, which clearly indicated that the cases against the petitioners were totally false and in many of the cases complainant was not even in existence and remained absent and in some cases the complainant denied having filed any case. Mr. Patel submitted that the petitioners in the present matters are before this Court in view of the observations passed in Civil Appeal No.6396 of 2012 making a prayer for quashing of the complaints.
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5. Mr. Patel stated that the harassment were there by filing various criminal cases and the petitioner and his family members were arrested. Mr. Patel states that on 22.12.1993 Criminal Case No.1099/1993 was filed before the JMFC, Dakor by the complainant - Gemsinh Shankarsinh Thakur, wherein the petitioner - Manhor Galani was arrested on warrant issued and was released on bail and the sister of the petitioner got anticipatory bail from Bombay High Court with direction to attend the Central Police Station from 08.01.1994 to 14.01.1994 between 10 a.m. to 12 p.m. for investigation in respect of C.R. No.220/1993 filed at Ulhasnagar, Maharashtra. 5.1 Mr. Patel stated that M. Case No.11/1994 was filed before the JMFC, Dabhoi, Vadodara on 19.01.1994 by Tarachand alleging that Dacoity in a train took place on 14.01.1994 at around 2 p.m., the complaint was against all the family members including sister; while on the same day and around same time the sister of the Page 22 of 48 Downloaded on : Sun Sep 17 20:52:35 IST 2023 NEUTRAL CITATION R/CR.MA/10639/2019 JUDGMENT DATED: 16/01/2023 undefined petitioner was present before Ulhasnagar Police Station as per the directions of Bombay High Court. Mr. Patel submits that subsequently Criminal Case No.337/1994 was registered on 18.01.1994 by Tahalram Kishinmal Sindhi alleging that the accused had hit him and had threatened him by using filthy language on 14.01.1994 at 12 noon and complaint was registered against the petitioners; however, on the same day the sister was present before Ulhasnagar Police Station. 5.2 Mr. Patel further submitted that all the petitioners were arrested on the basis of non-bailable warrant issued in Criminal Case No.337/1994, filed at JMFC, Padra, Baroda; while on the same day, at 10:30 pm, the petitioner - Manohar Galani and his father and brother-in-law were served with bailable warrant issued in Criminal Case No.288/1994 filed before JMFC, Mirzapur, Ahmedabad. He submits that the petitioners were released on bail by Padra Court on the night at about 12 midnight between 19/20 th March, 1994 and on Page 23 of 48 Downloaded on : Sun Sep 17 20:52:35 IST 2023 NEUTRAL CITATION R/CR.MA/10639/2019 JUDGMENT DATED: 16/01/2023 undefined the very same day, the petitioner was arrested on the basis of warrant issued in E.C. No.3/1994 filed before JMFC, Jamkhabalia, Dist.: Jamnagar, and on the very same day, the father of the petitioner - Manohar Galani, younger sister and brother-in-law were arrested in connection with the complaint being C.C. No.11/1994 registered at Daboi, Railway Police Station, Daboi. Mr. Patel states that the petitioner - Manohar Galani was taken to Jamkhambalia and was kept in police custody for the whole night and was produced in the morning before JMFC, Jamkhabalia and released on bail on March, 1994 and the father, sister and brother-in-law were released on bail on 22.03.1994. Mr. Patel stated that petitioner - Manohar Galani visited Mirzapur Court at Ahmedabad in C.C. No.288/1994, where he was arrested in connection with M.Case No.11/1994 and was detained for 6 to 7 hours and then was taken to Vadodara by train and was detained at the police station, Daboi and on 31.03.1994 was released on bail by JMFC Daboi.
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6. As observed, there were about 10 cases against the petitioners. The Hon'ble Apex Court while referring to the facts of the case in Civil Appeal No.6396 of 2012 filed by one of the petitioner herein, Manohar Mangharam Galani, has observed about the petition being Writ Petition (Criminal) No.150 of 2006, which read as under:
"5. We may also note that the appellant had also filed Writ petition (Criminal) No.150 of 2006 in this Court praying for the similar reliefs in which this Court had passed the following order:
"In view of the fact that in SLP (C) No.10008/2005 leave has been granted. We are not inclined to entertain this writ petition under Article 32 of the Constitution of India by the same party. The writ petition is dismissed accordingly. We may, however, clarify that at the time of final disposal of the civil appeal, it will be open to the writ petitioners to urge any additional ground, which is raised in this writ petition subject to the leave of the Court."Page 25 of 48 Downloaded on : Sun Sep 17 20:52:35 IST 2023
NEUTRAL CITATION R/CR.MA/10639/2019 JUDGMENT DATED: 16/01/2023 undefined 6.1 It was further observed by the Hon'ble Apex Court that learned senior counsel had drew the attention of the Court to number of documents and it was admitted that in Public Interest Litigation, there was no prayer for quashing the proceedings and only an intervention application has been filed, to which Advocate Mr. Patel submitted that, the Public Interest Litigation was filed by Advocate Mr. Ajit D.Padiwal and during the proceedings the petitioner has appeared through advocate as an intervenrer, thus Mr. Patel stated that no prayer could be made for quashing of the complaints, and in view of the liberty prayed for, placing reliance on various CID (Crime) reports, the Apex Court has granted the petitioners liberty to challenge the criminal proceedings by way of quashing.
7. The Hon'ble Supreme Court, thus while observing those facts in Civil Appeal No.6396 of 2012, has made the observations, reflected in paragraph nos.7, 8, 9, 10 and 11, which read as under:
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NEUTRAL CITATION R/CR.MA/10639/2019 JUDGMENT DATED: 16/01/2023 undefined "7. The High Court was justified in holding that in the absence of any application in this behalf, the relief could not be granted. However, we may note that the High Court itself found that out of 10 cases, 3 cases already stand disposed of.
The proceedings had been closed by the magistrate and these need not be reopened again. The cases were, however, remanded to the courts of the magistrate only with a view to take further action in view of the various directions given by the High Court including initiating proceedings under Section 195 of the Indian Penal Code, 1860.
8. After the special leave petition was filed these proceedings have remained stayed and as a result seven cases filed in 1994 are still pending. Out of the 7 cases, one is summary suit being Suit No.67 of 1994, pending before 3rd Joint Civil Judge, 6 Vadodara, Gujarat and one is a complaint case being CC No.704 of 1994 pending before JMFC Dabhoi, Distt. Vadodara, Gujarat under Section 138 of the Negotiable Instruments Act, 1881. The other 5 cases being (i) Criminal Case No.1099 of 1993, pending before JMFC, Page 27 of 48 Downloaded on : Sun Sep 17 20:52:35 IST 2023 NEUTRAL CITATION R/CR.MA/10639/2019 JUDGMENT DATED: 16/01/2023 undefined Dakor, Distt. Kheda, Gujarat, (ii) M. Case No. 11 of 1994, pending before JMFC, Dabhoi, Distt. Vadodara, Gujarat, (iii) Enquiry Case No. 6 of 1994, pending before JMFC, Bajwa, Court No. 4, Gujarat,
(iv) Enquiry Case No. 3 of 1994, pending before JMFC, Municipal Court, Makarpura, Baroda and (v) CC No. 288 of 1994 pending before JMFC, 18th Court of Metropolitan Magistrate, Mirzapur, Ahmedabad. Learned counsel for the appellant submitted that though it is true that he had not prayed for quashing of proceedings before the High Court, the appellant may be granted liberty to file proceedings for quashing of these cases in view of the various reports given by the investigating officers before the High Court in public interest litigation being Special Civil Application No. 13258 of 1994.
9. We find merit in the submission of learned counsel for the appellant. Though the appellant may not have made specific prayer for quashing of the proceedings, we cannot lose sight of 7 the fact that he was the whistle blower and an aggrieved person. He has the right to challenge such Page 28 of 48 Downloaded on : Sun Sep 17 20:52:35 IST 2023 NEUTRAL CITATION R/CR.MA/10639/2019 JUDGMENT DATED: 16/01/2023 undefined criminal proceedings which, according to him, have been initiated in total violation of law. According to the appellant, the sting operation and various police reports filed before the High Court reveal a pattern of obtaining illegal arrest warrants.
10. We are of the view that the appellant should not be denied his right to question the initiation of criminal proceedings. Therefore, while dismissing the appeal we direct that the proceedings in the five cases mentioned above shall remain stayed for a further period of six weeks. In the meantime, the appellant is granted liberty to file appropriate proceedings before the High Court for quashing the criminal proceedings in the five cases mentioned above. With regard to CC No. 704 of 1994 and Summary Suit No.67 of 1994, we direct the concerned courts to first issue notices to the complainant/plaintiff. Only if the complainant and the plaintiff appear before the concerned courts and are interested in pursuing the complaint/suit, will notice be issued to the appellant and/or his family members. In case the plaintiff/complainant Page 29 of 48 Downloaded on : Sun Sep 17 20:52:35 IST 2023 NEUTRAL CITATION R/CR.MA/10639/2019 JUDGMENT DATED: 16/01/2023 undefined appears and notices are issued, the trial 8 court shall make an effort to dispose all the two cases at the earliest and in any case not later than six months from the date when the appellant herein puts in appearance.
11. The appeal is disposed of with the aforesaid directions. Pending application(s), if any, shall stand disposed of."
7.1 The observations thus reflect that out of 10 cases against the petitioners, three had been disposed of and thus it was observed that those matters which were closed need not be reopened and the cases which were remanded to the Court of Magistrate, were with a view to take further actions in view of the various directions given by the High Court including initiating proceedings under section 195 of the Cr.P.C. After the Civil Writ Petition was filed, the matters remained stayed, as a result the cases filed in the year 1994 still remained pending.
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NEUTRAL CITATION R/CR.MA/10639/2019 JUDGMENT DATED: 16/01/2023 undefined 7.2 Advocate Mr. Patel, under instructions, states that the Summary Suit No.67/1994 filed against Manohar Galani before the 3rd Joint Civil Judge, Vadodara, and one of complaint being Criminal Case No.704/1994 filed under section 138 of the N.I. Act, were dismissed for default.
8. The complaint being Criminal Case No.1099 of 1993 impugned in Criminal Misc. Application No.10639 of 2019 filed by complainant - Gemsinh Shankarsinh Thakur against the petitioner no.1 - Manohar Mangharam Galani and his sister i.e. petitioner no.2, before the JMFC, Dakor, Dist. Kheda under sections 420 and 114 of IPC was with allegation that the complainant had given an amount of Rs.31,000/- for investment in shares which was not paid. The investigation carried out by different investigating authorities in regard to the address of the complainant, but the same were in vain, as the complainant could not be traced out. It could also culled out from the letter of Vice-Sarpanch of the village that no such person lives in Page 31 of 48 Downloaded on : Sun Sep 17 20:52:35 IST 2023 NEUTRAL CITATION R/CR.MA/10639/2019 JUDGMENT DATED: 16/01/2023 undefined the village, and electoral roll also did not show the name of such person. The action report has been given by the Assistant Commissioner of Police, Crime Branch, Ahmedabad before the Hon'ble Supreme Court in Writ Petition No.150/2006, stating that on investigation it was found that the complainant - Gemsinh Shankarsinh Thakur was not found at his address and therefore the notice issued in the petition could not be served. The case appears to be a false and bogus.
8.1 The criminal complaint being Enquiry Case No.6/1994 filed before the JMFC, Bajwa, Vadodara, under sections 406, 420 and 114 of IPC, impugned in Criminal Misc. Application No.10642 of 2019, filed by complainant
- Chandubhai Dayaldas Jaisinghani against the petitioner no.1 - Manohar Mangharam Galani, petitioner no.2 - Dev Mangharam Galani and Puspha Mangharam Galani, alleging that the accused did not deliver gold chain worth 2 ½ Tola and Rs. 5,000/-, given by the sister of the complainant to the accused for the purpose of giving it to Page 32 of 48 Downloaded on : Sun Sep 17 20:52:35 IST 2023 NEUTRAL CITATION R/CR.MA/10639/2019 JUDGMENT DATED: 16/01/2023 undefined the complainant. The investigation report had been filed in PIL before this Court by CID, stating that no person in the name of Chandubhai Dayaldas Jaisinghani ever stayed at the address, and the same person has been shown as an eye witness in other case of the complainant filed at Padra and Daboi. The action report had also been given by Assistant Commissioner of Police, Crime Branch, Ahmedabad, in the matter of Writ Petition No.150/2006 before the Hon'ble Supreme Court, stating that Chandu Dayaldas Jainsinghani was not found and on making inquiries from the neighbours, it was found that they do not know him, and therefore the notice issued in the petition could not be served to the complainant. 8.2 The complaint being Criminal Case No.288 of 1994 impugned in Criminal Misc. Application No.10645 of 2019 filed by complainant - Kanubhai Somabhai against the petitioner no.1 - Manohar Mangharam Galani, petitioner no.2 - Dev Mangharam Galani and petitioner no.3 - Inderlal Ramchand Kukreja, before the Page 33 of 48 Downloaded on : Sun Sep 17 20:52:35 IST 2023 NEUTRAL CITATION R/CR.MA/10639/2019 JUDGMENT DATED: 16/01/2023 undefined Metropolitan Magistrate, Ahmedabad under sections 406, 420 and 114 of IPC, alleging that the complainant had given an amount of Rs.52,000/- to the accused on the assurance that the same would be returned, but it was not returned. The action reports/affidavits filed by different investigating authorities before the High Court in PIL and before the Hon'ble Supreme Court narrating the fact that the complainant - Kanubhai Somabhai was not traceable at the given address since the inception, and he is a fictitious person as his name does not appear either in the electoral roll or in the ration card and even by inquiring from the neighbouthood it revealed that they do not know him and therefore the notice issued in the petition could not be served.
8.3 The complaint Criminal Case No.3/1994 filed before the JMFC (Municipal Court), Makarpura, Vadodara, under section 406, 420 and 114 of IPC, impugned in Criminal Misc. Application No.10648 of 2019 filed by complainant - Ashok Inderlal Vatiyani against the Page 34 of 48 Downloaded on : Sun Sep 17 20:52:35 IST 2023 NEUTRAL CITATION R/CR.MA/10639/2019 JUDGMENT DATED: 16/01/2023 undefined petitioner no.1 - Manohar Mangharam Galani and petitioner no.2 - Dev Mangharam Galani, was alleging that the accused did not pay Rs.32,000/- for purchase of Matador from the complainant on 23.12.1993. The action reports/affidavits filed by different investigating authorities before the High Court in PIL and before the Hon'ble Supreme Court narrating the fact that the complainant - Ashok Inderlal Vatiyani was not traceable at the given address since the inception and he is a fictitious person as his name does not appear either in the electoral roll or in the ration card and even by inquiring from the neighbouthood it revealed that they do not know him and therefore the notice issued in the petition could not be served.
8.4 The complaint being M. Case No.11/1994 filed before the JMFC, Dabhoi, Vadodara, filed by complainant
- Tarachand Manumal Sindhi under sections 143, 394, 397 and 398 of IPC, impugned in Criminal Misc. Application No.10646 of 2019; against the petitioner no.1 Page 35 of 48 Downloaded on : Sun Sep 17 20:52:35 IST 2023 NEUTRAL CITATION R/CR.MA/10639/2019 JUDGMENT DATED: 16/01/2023 undefined
- Manohar Mangharam Galani, petitioner no.2 - Dev Mangharam Galani, petitioner no.3 - Pushpa Mangharam Galani and petitioner no.3 - Inderlal Ramchand Kukreja, alleging that the accused got wild and used filthy language and snatched, gold chain weighing 2 Tolas and 1 wrist watch, on train at Mandala station on 14.01.1994. The investigation report had been filed in PIL before the High Court by CID, narrating the fact that wife of the complainant - Smt. Suman Tarachand Lalwani has categorically asserted that no such incident of dacoity ever took place. According to her, one Bharat Bhojwani of Daboi, had helped her husband in marriage of his sister and out of the same her husband had signed in the said bogus complaint and her husband never possessed any gold chain, and they did not live in Kothara village, as stated in the complaint and the statement of Sarpanch and secretary of village panchayat corroborated the statement given by wife of the complainant. The report of of the year 1995 of Addl. D.G. of Police (Crime) stated that the complainant was not available as he had been Page 36 of 48 Downloaded on : Sun Sep 17 20:52:35 IST 2023 NEUTRAL CITATION R/CR.MA/10639/2019 JUDGMENT DATED: 16/01/2023 undefined taken away by one Bharat Bhojwani to an unknown destination, the statement of the wife of complainant also confirmed that her husband has filed the complainant on instructions from Bharat Bhojwani. The report of 25.02.2004 of the investigation report filed by Detective Police Inspector also stated that the complainant has recorded in his statement that he is not aware of the contents of the complaint and does not know anyone from Galani family and that no such crime was committed as stated in the complaint and he signed the same on the pressure of Bharat Bhojwani. The Guard of train, ticket checker, engine driver and the station master of Mandela Station have also stated that no dacoity took place on the train on 14.01.1994.
9. Advocate Mr. Vimal Patel submitted that in spite of the fact that none of the complainant were in existence, as directed by an order dated 29.11.2019 in Criminal Misc. Application (Direction) No.1 of 2019 in Criminal Misc. application No.10639 of 2019 and allied Page 37 of 48 Downloaded on : Sun Sep 17 20:52:35 IST 2023 NEUTRAL CITATION R/CR.MA/10639/2019 JUDGMENT DATED: 16/01/2023 undefined matters, the common notice in the newspaper having wide circulation in the area where the complainant lastly resided were published. Thus, to verify further and any person aggrieved, would have further opportunity to appear in the matters.
10. Here, in the present matter, Additional Affidavit was filed by petitioner no.1 - Manohar Galani, which was notarized on 10.02.2020, to state that public notice was given and published in the newspaper 'Naya Padkar' on 14.01.2020, edition of Anand district and Kheda district, which has wide circulation in both the districts. None have appeared till today claiming that there is any original complainant to those impugned complaints.
11. Against the false, fictitious complaint action has been taken. The report has been filed by Additional Public Prosecutor in relation to I-Cr.No.01 of 1995 filed by Vadodara City Crime Zone Police Station under sections 348, 389, 409, 465, 466, 468, 471, 474, 419, 411, 109, 114, 115, 119, 120B, 167, 182, 193, 195, 198, 199, 200, Page 38 of 48 Downloaded on : Sun Sep 17 20:52:35 IST 2023 NEUTRAL CITATION R/CR.MA/10639/2019 JUDGMENT DATED: 16/01/2023 undefined 205, 209, 211, 219, 220 and 506(1) of IPC and sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act, and as per the report, the FIR had noted about 19 accused and during the course of investigation the names of other 13 were disclosed and in total there are about 32 accused, and out of them at the relevant time against 11 charge-sheets have been filed and for rest of them supplementary charge-sheet was placed before the concerned Court.
12. Taking into consideration the facts of the matter and the development during the process by filing of Public Interest Litigation and the proceedings before the Supreme Court, which has travelled into the present matter, the investigating officer/s had observed that false cases have been filed and there has been huge racket. In I-Cr.No.01 of 1995, the CID Crime Zone Police Station, Vadodara, found that the case has been filed against 32 accused and against all the matters present petitioners, as noted hereinabove, the complainants are not available and not traceable and not found. Rest of the complaints Page 39 of 48 Downloaded on : Sun Sep 17 20:52:35 IST 2023 NEUTRAL CITATION R/CR.MA/10639/2019 JUDGMENT DATED: 16/01/2023 undefined have been dismissed for default against the present petitioners and in the present matters too, the complainants are not found since pending of the matters. 12.1 This Court in the judgment of Ajit D. Padiwal (supra), in para-81 observed as under:
"81. Record and proceedings of 10 cases filed against Manohar Galani and his family is lying here as per order passed by the Apex Court and in the matter of dacoity case filed by Mr.Tarachand against Manohar Galani and others, in which after the case was investigated by the police as per the order passed under Section 156(3) of the Cr.P.C., the police has filed charge- sheet against Manohar Galani and the said case is pending because of the fact that the record and proceedings is lying here. Equally all other cases are concerned, out of which 3 cases are already dismissed for default and record of those cases are lying before this court and on the complaint being filed by Manohar Galani vide C.R.No.1/95, in which the investigation is still under progress and the police had also filed charge sheet against some of the Page 40 of 48 Downloaded on : Sun Sep 17 20:52:35 IST 2023 NEUTRAL CITATION R/CR.MA/10639/2019 JUDGMENT DATED: 16/01/2023 undefined accused, who are arrested, before the Special Court, Vadodara. In respect of the investigation of complaint being C.R.No.1/95, it is also the case that during investigation that even the complaint filed by Tarachand against Manohar Galani and others in respect of dacoity case, the investigation revealed that there was no such incident ever occurred and even that case is also concocted and false and even filing of this case is concerned against Manohar Galani, a conspiracy was hatched and in the said conspiracy, the advocates are also involved and through advocate by filing a criminal case the order is obtained from the court and even after obtaining the order with the help of the staff of the court, the documents were forged and ultimately it revealed that even the complaint filed by Tarachand against Manohar Galani and his family is concocted one. It is the case of the prosecution and even as per report submitted by the officers that Tarachand - original complainant is absconding.
13. Thus, in view of the fact that the matters would be stretching the case beyond its bound, where the Court has to be vigilant of the fact that there would not be any Page 41 of 48 Downloaded on : Sun Sep 17 20:52:35 IST 2023 NEUTRAL CITATION R/CR.MA/10639/2019 JUDGMENT DATED: 16/01/2023 undefined proceedings, since no complainants are available or found by the investigating officer/s from the initiation of the complaints; the same found to be false and is under huge racket, continuation of the proceedings would be futile exercise, it would be waste of valuable time of the Court and further would lead to harassment of the petitioners, more so as they are filed before different courts in different areas of Gujarat.
14. In case of State of Haryana V. Bhajan Lal and others, reported in AIR 1992 SC 604, the Apex Court formulated as many as seven categories of cases, wherein the extraordinary power under Section 482 could be exercised by the High Court to prevent abuse of process of the court. The Apex Court in the said case made the following observations:-
"8.1. In the exercise of the extra-ordinary power under Article 226 or the inherent powers under Section 482 of the Code of Criminal Procedure, the following categories of cases are given by way of illustration wherein Page 42 of 48 Downloaded on : Sun Sep 17 20:52:35 IST 2023 NEUTRAL CITATION R/CR.MA/10639/2019 JUDGMENT DATED: 16/01/2023 undefined such power could be exercised either to prevent abuse of the process of any Court or otherwise to secure the ends of justice, though it may not be possible to lay down any precise, clearly defined and sufficiently channelised and inflexible guide in myriad kinds of cases wherein such power should be exercised:
(a) where the allegations made in the First Information Report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused;
(b) where the allegations in the First Information Report and other materials, if any, accompanying the F.I.R. do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code;
(c) where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused;
(d) where the allegations in the FIR do not Page 43 of 48 Downloaded on : Sun Sep 17 20:52:35 IST 2023 NEUTRAL CITATION R/CR.MA/10639/2019 JUDGMENT DATED: 16/01/2023 undefined constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code;
(e) where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused;
(f) where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and / or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party;
(g) where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge."
15. In the result, all the petitions are allowed. The Page 44 of 48 Downloaded on : Sun Sep 17 20:52:35 IST 2023 NEUTRAL CITATION R/CR.MA/10639/2019 JUDGMENT DATED: 16/01/2023 undefined impugned complaints being (i) Criminal Case No.1099/1993 filed before the JMFC, Dakor, Dist. Kheda
(ii) Enquiry Case No.6/1994 filed before the JMFC, Bajwa, Vadodara, (iii) Criminal Case No.288/1994 filed before the Metropolitan Magistrate, Ahmedabad, (iv) M. Case No.11/1994 filed before the JMFC, Dabhoi, Vadodara and (v) Criminal Case No.3/1994 filed before the JMFC (Municipal Court), Makarpura, Vadodara, are quashed and set aside qua the present petitioners.
16. Since all the matters against the petitioners are now disposed of, and C.R. No.1 of 1995 has been filed by the CID Crime and the charge-sheet came to be filed, all the concerned matters relating to petitioners are necessary, as observed by this Court in para-118 (B) of the judgment of Ajit D. Padiwal (supra), which read as under:
"118(B):- In view of the above direction given by this court, it is also necessary that the concerned court shall report about the steps being taken by them in the matter to the Page 45 of 48 Downloaded on : Sun Sep 17 20:52:35 IST 2023 NEUTRAL CITATION R/CR.MA/10639/2019 JUDGMENT DATED: 16/01/2023 undefined Registry of this court and in turn such report received from the concerned court will be placed before us. In light of the fact that the charge sheet is filed by the police in respect of the offences registered vide C.R.No.1/95 and the investigation papers of that case reveal that it pertains to different criminal cases registered at different courts in Gujarat filed against Manohar Galani and others, it will be necessary to direct the investigating agency that the material collected in respect of each criminal case, which has been filed in different courts against Manohar Galani, be separated and the said material from the charge-sheet is to be forwarded to the concerned court to facilitate the concerned court to decide the matter. The record and proceedings of different 10 cases filed in different courts against Manohar Galani and his family members are preserved under custody of this court and the details of the said 10 cases are as under:-
(i) Criminal Case No.1099/93 filed in the court of JMFC, Dakor, District Kheda.
(ii) Criminal Case No.337/99 filed in the court of JMFC, Padra, District Vadodara.Page 46 of 48 Downloaded on : Sun Sep 17 20:52:35 IST 2023
NEUTRAL CITATION R/CR.MA/10639/2019 JUDGMENT DATED: 16/01/2023 undefined
(iii) M.Case No.11/94 filed in the court of JMFC, Dabhoi, District Vadodara.
(iv) Enquiry Case No.3/94 and Criminal Case No.368/94 filed in the court of JMFC, Jamkhambalia, District Jamnagar.
(v) Enquiry Case No.6/94 filed in the court of JMFC, Bajwa, Court No.4.
(vi) Enquiry Case No.3/94 filed in the court of JMFC, Municipal Court, Makarpura, Baroda.
(vii) Criminal Case No.102/99 filed in the court of JMFC, Borsad.
(viii) Criminal Case No.704/99 filed in the court of JMFC, Dabhoi, District Vadodara.
(ix) Summary Suit No.67/94 filed in the court of 3rd Joint Civil Judge, Vadodara.
(x) Criminal Case No.288/99 filed in the 18th Court of Metropolitan Magistrate, Mirzapur, Ahmedabad.
The record and proceedings of those aforesaid cases are ordered to be transmitted back to the respective courts and the registry of this court is accordingly directed that while transmitting all those cases to the respectively Page 47 of 48 Downloaded on : Sun Sep 17 20:52:35 IST 2023 NEUTRAL CITATION R/CR.MA/10639/2019 JUDGMENT DATED: 16/01/2023 undefined courts in Gujarat, the xerox copy of each document of each case is to be taken out and preserved separately and see that the record and proceedings reaches to the respective court safely and the respective court be also informed that all the record and proceedings of respective courts are required to be preserved in safe custody and to see that the said record is not mishandled or tampered with."
17. Thus, in view of the above observations and directions given by this Court in the judgment of Ajit D. Padiwal (supra) in para-118 (B), since record and proceedings are important documents, all the concerned Courts are directed to transmit the record and proceedings of above ten cases as mentioned in the judgment of Ajit D. Padiwal (supra) in para-118 (B), to the Special Court, Vadodara, where the trial is in progress in connection to I-Cr.No.01 of 1995 of CID (Crime), Vadodara.
Direct service is permitted.
(GITA GOPI,J) Pankaj Page 48 of 48 Downloaded on : Sun Sep 17 20:52:35 IST 2023