Gujarat High Court
Manulal vs Ramakant on 2 September, 2011
Author: M.R. Shah
Bench: M.R. Shah
Gujarat High Court Case Information System
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SCR.A/903/2011 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 903 of 2011
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MANULAL
JAMANADAS MEHTA - P O A HOLDER, JAYESH N GOSAI & 10 -
Applicant(s)
Versus
RAMAKANT
RAMCHANDRA SAVANT & 1 - Respondent(s)
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Appearance :
MR
SHITAL R PATEL for
Applicant(s) : 1 - 11.
None for Respondent(s) : 1,
MR LB DABHI,
ADDL. PUBLIC PROSECUTOR for Respondent(s) :
2,
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CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 06/07/2011
ORAL
ORDER
[1.0] Present Special Criminal Application No.226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "CrPC") has been preferred by the petitioners - original accused for the following relief:
A. To issue an appropriate writ, order or direction either in the nature of mandamus or any other appropriate writ and by issuance of such writ or direction be pleased to quash the Inquiry Case No.39/2010 pending before the Chief Judicial Magistrate, Vadodara dated 22-4-2010 in the facts of the present case.
[2.0] Shri Shital Patel, learned advocate appearing on behalf of the petitioners - original accused has vehemently submitted that as such despite the report submitted by the Investigating Officer which is send to the concerned Magistrate/Court, no decision has been taken by the learned Chief Judicial Magistrate, Vadodara before whom inquiry case is pending. Therefore, it is submitted that to continue the proceedings against the petitioners would be abuse of process of law. Shri Patel, learned advocate appearing on behalf of the petitioners - original accused has submitted that if a suitable direction is issued directing the Chief Judicial Magistrate, Vadodara to take appropriate decision in Inquiry Case No.39/2010, in accordance with law and on merits within stipulated time, the petitioners would be satisfied.
[3.0] Heard Shri Patel, learned advocate appearing on behalf of the petitioners and Shri L.B. Dabhi, learned Additional Public Prosecutor appearing on behalf of the respondent State. It appears that a private complaint has been filed against the petitioners in the Court of Chief Judicial Magistrate, Vadodara for the offences punishable under Sections 196, 406, 420, 467, 468, 471 and 120B of the Indian Penal Code, 1860, which has been registered as Inquiry Case No.39/2010. It appears that as some inquiry was pending before the DCB, Vadodara, the learned Magistrate stayed further proceedings of aforesaid Inquiry Case No.39/2010 in exercise of powers under section 210 of the CrPC and called for the report from the concerned police officer. It appears that thereafter the Police Sub-Inspector, DCB Police Station, Vadodara City had submitted the report dated 26.05.2010 to the learned Chief Judicial Magistrate, Vadodara. It appear that against the same, the original complainant had also submitted his objections on 28.07.2010. It appears that thereafter a further report dated 03.09.2010 has been submitted by the PSI, DCB Police Station, Vadodara City and the learned Chief Judicial Magistrate, Vadodara has passed an order dated 06.10.2010 for further inquiry under Section 202 of the CrPC and directed the Deputy Commissioner of Police, Crimes (DCB), Vadodara to hold inquiry and submit the report. It appears that thereafter the Deputy Commissioner of Police, Crimes (DCB), Vadodara City has submitted the report dated 07.02.2011 which is reported to be sent to the learned Chief Judicial Magistrate, Vadodara. Thus, now, the learned Chief Judicial Magistrate is required to consider the said reports and take independent decision as required under Section 210 of the CrPC and is required to proceed further after following procedure as required under Section 210 of the CrPC.
Section 210 of the CrPC reads as under:
210. Procedure to be followed when there is a complaint case and police investigation in respect of the same offence.-(1) When in a case instituted otherwise than on a police report (hereinafter referred to as a complaint case), it is made to appear to the Magistrate, during the course of the inquiry or trial held by him, that an investigation by the police is in progress in relation to the offence which is the subject-matter of the inquiry or trial held by him, the Magistrate shall stay the proceedings of such inquiry or trial and call for a report on the matter from the police officer conducting the investigation.
(2) If a report is made by the investigating police officer under section 173 and on such report cognizance of any offence is taken by the Magistrate against any person who is an accused in the complaint case, the Magistrate shall inquire into or try together the complaint case and the case arising out of the police report as if both the cases were instituted on a police report.
(3) If the police report does not relate to any accused in the complaint case or if the Magistrate does not take cognizance of any offence on the police report, he shall proceed with the inquiry or trial, which was stayed by him, in accordance with the provisions of this Code.
[3.1] Considering the above, present Special Criminal Application is disposed of by directing the learned Chief Judicial Magistrate, Vadodara to take an independent decision on the reports submitted by the concerned police officers and take appropriate decision in accordance with law and on merits and after following procedure as required under Section 210 of the CrPC. The aforesaid exercise shall be completed within a period of six months from the date of receipt of the present order, however, it is made clear that this Court has not expressed anything on merits in favour of either parties and it is ultimately for the learned Chief Judicial Magistrate to take appropriate decision in accordance with law and on merits.
[4.0] With this, present Special Criminal Application is disposed of. Direct service is permitted.
(M.R. Shah, J.) *menon Top