Gujarat High Court
Dr. Parimal Hasmukhbhai Trivedi vs Pankaj Maganlal Shrimali on 27 July, 2018
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/SCR.A/3284/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 3284 of 2018
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DR. PARIMAL HASMUKHBHAI TRIVEDI
Versus
PANKAJ MAGANLAL SHRIMALI
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Appearance:
MR NITIN M AMIN(126) for the PETITIONER(s) No. 1
MR RAKESH PATEL, APP for the Respondent - State
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 27/07/2018
ORAL ORDER
1. The Registry on receipt of a letter dated 23.7.2018 addressed by the 11th (Adhoc) Additional District Judge, Ahmedabad District Court (Rural), Ahmedabad, to the Registrar General of this Court, requesting to extend the time granted by this Court for disposal of the Special (Atrocity) Case No.39 of 2012 has accordingly placed this matter today for appropriate orders.
2. The letter reads thus:
"Hon'ble Sir, With respect to the subject and references cited in the. Caption, the undersigned humbly submits that 13th (Adhoc) Additional District Judge, at Present 11th (Adhoc) Additional District Judge, (At present 11th (Adhoc) Additional District Judge, Ahmedabad (Rural) is notified as special court for conducting speedy trial as regards the offences under the Page 1 of 5 R/SCR.A/3284/2018 ORDER Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 on 21/11/2017.
It is very humbly submitted that on receiving the cases under the said Act in my court, the undersigned has put in all the efforts at her command to conclude the trial and dispose of the case bearing Specral Atrocity Case No.39 of 2012 after receiving it and posting the first date on 05/12/2017. To conclude that matter Speedily, on every Thursday entire full second Session was devoted for completion of the trial.
I most humbly submit Your Honour that as per Oral order dated 14/06/2018 in respect to R/Special Criminal Application No. 3284 of 2018, this Court is directed to complete the trial in Special (Atrocity) Case No. 39 of 2012 up to 31st August, 2018. In this regard, I humbly submit Your Honour that as per the direction of Hon'ble Gujarat High Court, the undersigned has chalkedout time frame to proceed day to day and complete the task of recording the evidence of remaining witnesses as earliest as possible. Eight witnesses have been examined till date. Thereafter completion of chiefexamination of the PW9 i.e. Mukesh Dhansukhrai Mankad, vide Exh. 276, who was working as Personal Secretary to Vice Chancellor. Ld. Special Public Prosecutor sought permission to declare this witness as hostile and crossexamine the said witness after completion of chief examination, vide exhibit 280, Ld. Advocate of the accused raised objection that the said witness cannot be declared as hostile as this witness has deposed in his chiefexamination whatever the facts stated by him under Section 162 of the Criminal Procedure Code before the investigating officer. So considering the status of Page 2 of 5 R/SCR.A/3284/2018 ORDER the witness as Government employee and when not required to declare him hostile, Ld. Advocate for the accused also sought for time as court hours was over at 6.15 pm. on 16/05/2018 and the matter was kept for next date i.e. 17/05/2018. Further, after hearing both the parties order was passed below Exh.280 on 18/05/2018. The application given by the Ld. Special Public Prosecutor is rejected. Thereafter, Ld. Special Public Prosecutor has given application that he wants to challenge this order before the Hon'ble High Court, hence, from the date of the said order, i.e. 18.05.2018 no further witnesses have been examined. Till completion of the deposition of this witnesses, other witnesses cannot be examined. Further Ld. Public Prosecutor has submitted stauts of the Special Criminal Application No.4824 of 2018 in respect to order passed below exhibit - 280 challenged before Hon'ble H.C. And pending for hearing. Hence, in such situations, this Court is unable to examine further witnesses.
Under all the above stated circumstances, I most humbly request Your Honour to kindly give extension of time to complete the trial in Special (Atrocity) Case No. 39 of 2012. Your Honour as well as His Hon'ble Lordship is requested to kindly give me proper guidance/direction in this matter so that I may be able to complete the trial in Special (Atrocity) Case No, 39 of 2012 at the earliest.
The undersigned is highly obliged to your Honour and Hon'ble Lordship in anticipation of showering mercy and this act of kindness Thanking your Honour."Page 3 of 5
R/SCR.A/3284/2018 ORDER
3. While disposing of the Special Criminal Application No.3284 of 2018, this Court directed the trial Court to dispose of the Special (Atrocity) Case referred to above above by 15th May, 2018. Thereafter, a request was made by the trial Court to grant further time. The same was granted by this Court and the time period was extended up to 31st August, 2018. Before the expiry of the said time period, once again, a request has been made by the trial Court in writing to grant further extension as the trial Court has not been able to proceed further in the wake of some development which took place, as indicated in the letter. It appears that a request was made by the Special Public Prosecutor to adjourn the proceedings as he wanted to approach this Court for the purpose of challenging the order passed by the trial Court not declaring a particular witness as hostile. If the Special Public Prosecutor was dissatisfied or aggrieved by the order passed by the trial Court, then he could have requested the State to take appropriate steps and prefer an appropriate application before this Court. However, the State has not thought fit to challenge the order passed by the trial Court, but it is the complainant, who has come before this Court by filing the Special Criminal Application No.4824 of 2018. This application was filed on 5th June, 2018. Till this date, no steps have been taken to obtain any order from this Court. On one hand, the complainant does not want to proceed further with the hearing of his petition in the High Court and on the other, he is not allowing the trial Court to proceed further. I fail to understand what is going on in the trial Court. Is the trial Court completely at the mercy of the complainant? Why is the trial Court so much worried or afraid of the complainant?Page 4 of 5
R/SCR.A/3284/2018 ORDER
4. I am very sorry to state but, things are not moving in the right direction. Time has come for this Court to take a very strict view of the matter. The way the proceedings are being conducted is nothing but direct interference with the administration of justice. The process of law is being abused to the maximum. One last ultimatum is given to one and all including the Special Public Prosecutor, otherwise the persons concerned are inviting big trouble for themselves.
5. I fail to understand why other witnesses have not been examined so far. Subject to the final outcome of the petition filed in the High Court, the trial Court could have proceeded further so far as the particular witness is concerned. However, there was no good reason for the trial Court to stop the proceedings.
6. In such circumstances, the request of the trial Court for extension of time is rejected. The trial Court is directed to proceed with the trial on day to day basis and complete the same within the time period granted by this Court.
7. Registry is directed to immediately inform about this order to the Court concerned.
(J.B.PARDIWALA, J) ALI Page 5 of 5