Gujarat High Court
Ayub Ibrahim Kapadia vs State Of Gujarat & 2 on 2 March, 2017
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/SCR.A/1397/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 1397 of 2017
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AYUB IBRAHIM KAPADIA....Applicant(s)
Versus
STATE OF GUJARAT & 2....Respondent(s)
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Appearance:
MR EKANT G AHUJA, ADVOCATE for the Applicant(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 2 - 3
MS NISHA THAKORE, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 02/03/2017
ORAL ORDER
1. By this writ-application under Article 226 of the Constitution of India, the writ-applicant has prayed for the following reliefs:
"i) That the Hon'ble Court be pleased to issue writ of mandamus or any other appropriate writ and direct the respondent no.2 and 3 to act in accordance with the Statutory Provision as envisaged under the law and if presence of petitioner is required than summons U/s. 160 of CRPC be issued to petitioner and also provide details as to in what regards petitioner is being called upon and further petitioner be given reasonable time to appear before them for any inquiry, investigation or interrogation.
ii) That during the pendency and final hearing of the present petition the Hon'ble Court be please to direct the respondent no.2 and his subordinates not to call upon the petitioner or make any communication."Page 1 of 3
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2. On 22.02.2017, the following order was passed:
"Let Notice be issued to the respondents returnable on 02.03.2017. Ms. Thakore, the learned APP waives service of notice for and on behalf of the respondent no.1- State of Gujarat.
The anxiety expressed by the learned Senior Counsel Mr. Naik appearing for the writ-applicant herein is that his client is being harassed for no fault on his part.
It will be difficult for this Court to pass any directory order at this stage against the respondents. However, by way of interim arrangement, the Investigating Officer can be directed to see that, if the writ-applicant is called for interrogation, he shall be called on written intimation and for the purpose for which he is being called and any documents if signed by the writ-applicant on and from this date, shall be tendered by the respondents and police agency, for the approval or consent of the writ-applicant. Direction accordingly.
Post the matter on 02.03.2017. Direct service is permitted."
3. One Sajid Abbubakar Bhajikhada, a resident of Mumbai and a relative of the writ-applicant herein (cousin brother of the wife of the writ-applicant), filed an application addressed to the Police Inspector of Rander Police Station, Surat in the form of a complaint for the purpose of registration of the FIR. There appears to be some dispute with regard to property situated in Mumbai.
4. Ms. Thakore, the learned APP after taking instructions informs that the presence of the writ-applicant is necessary in connection with interrogation for the purpose of looking into the complaint lodged by Sajid Abbubakar Bhajikhada. She further informs that the Rander Police Station has registered the FIR being zero number and has transferred it to the concerned Mumbai Police Station.
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R/SCR.A/1397/2017 ORDER
5. In any view of the matter since the Rander Police has referred the matter to the concerned police station at Mumbai, they don't require the presence of writ-applicant herein. If, ultimately, any action is taken by the police at Mumbai, it will be open for the writ-applicant to initiate appropriate proceedings before the appropriate forum in accordance with law.
6. With the above, this application is disposed of.
(J.B.PARDIWALA, J.) ABHISHEK Page 3 of 3 HC-NIC Page 3 of 3 Created On Sun Aug 13 22:19:43 IST 2017