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Gujarat High Court

Kantilal Ramjibhai Solanki vs State Of Gujarat on 31 January, 2020

Author: Sonia Gokani

Bench: Sonia Gokani

        R/SCR.A/3499/2018                                       IA ORDER




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             CRIMINAL MISC.APPLICATION NO. 4 of 2019
                 (FIXING DATE OF EARLY HEARING)
        In R/SPECIAL CRIMINAL APPLICATION NO. 3499 of 2018
==========================================================

SANJAY HEMANTBHAI PANDIT Versus KANTILAL RAMJIBHAI SOLANKI ========================================================== Appearance:

MR S M SOJATWALA for the PETITIONER(s) No. MR ASHISH M DAGLI for the RESPONDENT(s) No. MR BHUSHAN B OZA for the RESPONDENT(s) No. MS MAITHILI MEHTA APP for the RESPONDENT(s) No. ========================================================== CORAM:HONOURABLE MS JUSTICE SONIA GOKANI Date : 31/01/2020 IA ORDER

1. Present application has been preferred by the applicant -

SANJAY HEMANTBHAI PANDIT seeking for the following main reliefs :-

"16(B). To finally hear and adjudicate SCRA No.3499/2018 peremptorily on merits as with the passage of each and every day, the danger to the lives of applicant herein (orig. respondent No.9) and petitioner of SCRA No.3499/2018 is increasing manifold in view of the fact that the accused is headstrong person and having association with those who are involved in terrorist activities.

(C). To join Shri T.S. Bisht, I.P.S., as party respondent No.10 in SCRA No.3499/2018 by passing order below note for speaking tominutes filed by the applicant.

(D). To forthwith refer all the disputed documents to F.S.L. for verification."

R/SCR.A/3499/2018 IA ORDER

2. Ms.Maithili Mehta, learned APP has drawn attention of this Court to WP (PIL) No.182 of 2019 preferred by the very applicant SANJAY HEMANTBHAI PANDIT and submitted that the prayers sought for in the said PIL are identical to those asked in the present proceedings. She submitted that the possibility cannot be ruled out that SANJAY HEMANTBHAI PANDIT is attempting to masquerade as Kantibhai Solanki. She submitted that as the PIL is adjourned, the applicant herein is pressing for this application.

3. Mr.Dagli, learned advocate has drawn attention to various criminal complaints filed against the applicant herein -

SANJAY HEMANTBHAI PANDIT. He submitted that the present applicant is habitual of extorting money by misusing the court proceedings and it is alleged that he used to call for extorting money and ultimately extorts money and settles the matter. He submitted that in of such case of extorting money and misusing the proceedings, even in the name of the Court, recording has been made viral in social media and he is having CD of the same and he would file affidavit stating the transcription of the CD. Thus, it is submitted that the present applicant has criminal antecedents and has overpowering nature. He is habitual to mislead the Court and misuse the court proceedings.

4. Mr.Bhushan Oza, learned advocate submitted that he had sent two Notices by RP AD dated 3/1/2020 as well as 27/1/2020, regarding his retirement. However, the envelope of RP AD Notice dated 3/1/2020 has returned with endorsement that there is no such person at the address and another notice dated 27/1/2020 has not been responded to.

R/SCR.A/3499/2018 IA ORDER

5. Noticing the serious allegations on the part of the State and the fact that Mr. Kantilal Ramjibhai Solanki, represented by learned advocate Mr.Raval, has remained present before this Court and disclosed that his documents are misused for filing the proceedings and he has not filed the proceedings and inspite of various orders, client of Mr.Bhushan Oza has not appeared before this Court, Mr.Bhushan Oza, learned advocate is not permitted to retire as advocate for Kantilal Ramjibhai Solanki, whose identity is yet not established. He shall continue to represent and assist this Court and at an appropriate time, directions shall be issued by this Court for filing of an Affidavit by Mr.Bhushan Oza, learned advocate himself, if required.

6. Let the Affidavit be as requested by the party represented by learned advocate Mr.Dagli along with CD and transcription of the CD, to establish antecedents of the present applicant, with a copy to Ms.Maithili Mehta, learned APP.

7. The main matter being Special Criminal Application No.3499 of 2018 be notified for hearing on 14/02/2020 peremptorily. Except this, rest of the prayers are rejected. Present application stands disposed of accordingly.

Registry to supply copy of this order to Ms.Maithili Mehta, learned APP.

Sd/-

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