Gujarat High Court
Pravinbhai Balchandrabhai Premal vs State Of Gujarat on 3 October, 2022
Author: Vaibhavi D. Nanavati
Bench: Vaibhavi D. Nanavati
R/SCR.A/9576/2019 ORDER DATED: 03/10/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 9576 of 2019
With
CRIMINAL MISC.APPLICATION (DIRECTION) NO. 1 of 2022
In R/SPECIAL CRIMINAL APPLICATION NO. 9576 of 2019
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PRAVINBHAI BALCHANDRABHAI PREMAL
Versus
STATE OF GUJARAT
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Appearance:
MR. ASIM PANDYA, SENIOR COUNSEL WITH MR VICKY B
MEHTA(5422) for the Applicant(s) No. 1
MS PALAK G JADEJA(11163) for the Applicant(s) No. 1
for the Respondent(s) No. 3
NOTICE SERVED for the Respondent(s) No. 2
MS. MAITHILI D. MEHTA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
Date : 03/10/2022
ORAL ORDER
1. Heard Mr. Asim Pandya, learned senior counsel assisted by Mr. Vicky B. Mehta, learned advocate appearing for the applicant and Ms. Maithili D. Mehta, learned APP appearing for the respondent no.1-State.
2. The brief facts of the present case are that, the applicant herein is a government servant, who was appointed as Field Supervisor in Gujarat State Land Development Corporation Page 1 of 10 Downloaded on : Mon Oct 10 20:35:02 IST 2022 R/SCR.A/9576/2019 ORDER DATED: 03/10/2022 on 26.07.1990 and was posted at Chhotaudepur. The applicant was promoted to the post of Soil Conservation Officer w.e.f. 04.01.2017 and was posted at Dharampur of District: Valsad. At that time, he was also given the additional charge as Assistant Director, Soil Conservation, Class-II, w.e.f. 04.01.2007. The applicant in total was having duties of two districts, viz. Valsad and Navsari and also having additional charge of Asst. Director, Ahwa-Dang from 04.01.2017.
3. That multiple F.I.R.s came to be filed, the details of the said F.I.R. as stated by the applicant herein, are as follows:
Sr. Police Station F.I.R. No. F.I.R. date Period of Sections No. offence 1 Valsad and Dang 03/2018 24/05/2018 13/03/2018 Section 8, ACB to 10, 12, 17/03/2018 13(1)(d)(3), 13(2) 2 Valsad and Dang 04/2018 24/05/2018 07/06/2018 ""
ACB to
10/06/2018
3 Valsad and Dang 05/2018 24/05/2018 25/01/2018 ""
ACB to
29/01/2018
4 Valsad and Dang 06/2018 24/05/2018 13/03/2018 ""
ACB to
17/03/2018
5 Valsad and Dang 07/2018 28/05/2018 01/04/2017 ""
ACB to
03/04/2017
6 Valsad and Dang 12/2018 07/10/2018 23/12/2017 ""
ACB to
28/12/2017
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R/SCR.A/9576/2019 ORDER DATED: 03/10/2022
7 Valsad and Dang 13/2018 07/10/2018 30/10/2017 ""
ACB to
22/10/2017
8 Valsad and Dang 14/2018 07/10/2018 08/11/2017 ""
ACB to
09/12/2017
9 Valsad and Dang 1/2019 11/01/2019 09/01/2011 ""
ACB to
12/01/2011
10 Valsad and Dang 3/2019 11/01/2019 06/01/2017 ""
ACB to
25/01/2017
11 Valsad and Dang 5/2019 11/01/2019 09/01/2018 ""
ACB to
12/01/2018
12 Valsad and Dang 6/2019 12/01/2019 13/03/2018 ""
ACB to
17/03/2018
13 Valsad and Dang 8/2019 12/01/2019 09/01/2018 ""
ACB to
12/01/2018
14 Valsad and Dang 09/2019 12/01/2019 28/09/2017 ""
ACB to
29/09/2017
15 Valsad and Dang 10/2019 12/01/2019 09/06/2016 ""
ACB to
10/06/2016
16 Valsad ACB 7/2019 12/01/2019 13/03/2018 ""
to
17/03/2018
17 Navsari ACB 2/2019 18/06/2019 26/04/2019 ""
to
28/04/2019
18 Navsari ACB 3/2019 18/06/2019 23/04/2017 ""
to
24/04/2017
19 Valsad ACB 14/2019 27/03/2019 09/01/2018 ""
to
12/01/2018
20 Valsad ACB 2/2019 11/01/2019 08/02/2017 ""
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R/SCR.A/9576/2019 ORDER DATED: 03/10/2022
to
05/03/2017
21 Valsad ACB 11/2019 12/01/2019 07/06/2016 ""
to
08/06/2016
22 Valsad ACB 08/2018 01/08/2018 ""
23 Valsad and Dang 09/2018 01/08/2018 ""
ACB
24 Valsad and Dang 10/2018 01/08/2018 ""
ACB
25 Valsad and Dang 04/2019 11/01/2019 ""
ACB
26 Valsad and Dang 13/2019 27/03/2019 ""
ACB
4. Mr. Asim Pandya, learned senior counsel submitted that, several complaints / FIRs came to be registered against the present applicant, by Valsad and Dang ACB Police Station as well as by Navsari ACB Police Station.
5. Mr. Asim Pandya, learned senior counsel submitted that, after the order came to be passed in three anticipatory bail applications and the applicant remained present before the concerned Police Station i.e. Valsad-Dang ACB Police Station on 27.03.2019 at around 10:30 a.m. - 11:00 a.m., with his lawyer, it was informed by the police authorities that the statement of the applicant in respect of the above referred three FIRs would be recorded and thereafter he would be permitted to go.
6. Mr. Asim Pandya, learned senior counsel submitted Page 4 of 10 Downloaded on : Mon Oct 10 20:35:02 IST 2022 R/SCR.A/9576/2019 ORDER DATED: 03/10/2022 that all the complaints registered against the applicant herein are similar and as and when the applicant comes and record his statement, two F.I.R.s which could have been registered much earlier are intentionally registered only with a purpose to arrest and detain the applicant in custody. It is also submitted by Mr. Pandya, learned senior counsel that when the applicant was released on regular bail in respect of the two complaints and the applicant was to release from the jail, the family members of the applicant had learnt that the applicant is to be arrested with regard to the new complaint, thereby defeating the Hon'ble Court's order granting bail.
7. In view of above, Mr. Pandya, learned senior counsel submitted that the interest of justice would be served, if all the FIRs are clubbed.
8. Mr. Asim Pandya, learned senior counsel relied on the order passed by the Hon'ble Apex Court in the case of Abhishek Singh Chauhan v/s. Union of India & Ors. in Writ Petition (Criminal) No. 40 of 2022 dated 13.07.2022, relevant para reads thus:
"In each of the States, where directions for clubbing of FIRs is being passed, the subsequently registered FIRs shall be treated as statements under Section 161 of the Code of Criminal Procedure (Cr.P.C.). The investigating officer in criminal case arising from the first FIR in the concerned State, as referred to above, will be free to file supplementary chargesheet after collation of all the records concerning other Page 5 of 10 Downloaded on : Mon Oct 10 20:35:02 IST 2022 R/SCR.A/9576/2019 ORDER DATED: 03/10/2022 FIRs in the respective States, which are clubbed in terms of this order. In the event, the investigating officer in other FIRs had already filed the police report under Section 173 of the Cr.P.C. before the concerned Court and the concerned Court had taken cognizance thereof, the said FIRs and criminal cases would also stand transferred and merged/clubbed alongwith the first criminal case7 registered in the respective State, as referred to above, to be proceeded with in accordance with law. The investigating officer in the stated case (principal case to which the subsequent FIRs would stand merged/clubbed), will be free to file supplementary chargesheet on the basis of material collated during investigation of other FIRs.
Needless to observe that the other offences not part of the special enactments can also be tried by the special Court under the concerned State legislation.
It is clarified that this direction is limited to general offences, the offences under the IPC and the offences under the special State legislations; and not offences concerning the Prevention of Money Laundering Act (PMLA), 2002, which have to proceed under a separate legislation and of which the investigation is done by a separate investigating agency.
In other words, all cases in the State of Maharashtra will stand clubbed with FIR No. 552/2016 dated 15.04.2016, registered with Police Station Ramnagar, Chandrapur, and to be tried by Special Court at Chandrapur (Maharashtra). Similarly, all criminal cases arising from the FIRs filed at the different point of time in the State of Madhya Pradesh will stand clubbed with FIR No. 915/2016 dated 09.11.2016, registered with Police Station Kotwali, Sehore - to be tried by Special Court, Sehore (Madhya Pradesh); and in the State of Chhattisgarh on the same lines will stand clubbed with FIR No. 146/2017 dated 04.04.2017 registered with Police Station Surajpur - to be tried by Special Court at Surajpur (Chhattisgarh).Page 6 of 10 Downloaded on : Mon Oct 10 20:35:02 IST 2022
R/SCR.A/9576/2019 ORDER DATED: 03/10/2022 If the accused has been granted bail in connection with the principal FIR or criminal case arising therefrom, in which the other FIRs/criminal cases will stand clubbed/merged in terms of this order, the bail so granted must enure in his favour until the Court of competent jurisdiction cancels the same owing to supervening circumstances including breach of bail conditions. In case, no bail has been granted in the principal FIR (case), the appellant may apply for the same before the jurisdictional court competent to try the principal crime. That be decided on its own merits.
The writ petition is disposed of in the above terms. Pending application(s), if any, shall stand disposed of."
9. Ms. Mehta, learned APP, on instructions, candidly submitted that the Criminal Cases / Sessions Cases, arising out of the said FIRs having jurisdiction to try by Dharampur Sessions Court could be clubbed. However, rest of the FIRs be tried independently before the concerned Court, where the subject matter is pending.
10. Having heard the learned counsels appearing for the respective parties, in view of this Court, considering the ratio as laid down by the Hon'ble Apex Court in the case of Abhishek Singh Chauhan (supra) and in the facts of the present case and it would be in the interest of justice, this is a fit case to exercise the discretion under Section 482 of the Code of Criminal Procedure, that the cases / FIRs registered by Valsad & Dang ACB Police Station, where, the jurisdiction to try the sessions Page 7 of 10 Downloaded on : Mon Oct 10 20:35:02 IST 2022 R/SCR.A/9576/2019 ORDER DATED: 03/10/2022 case at Dharampur, are directed to be clubbed with the principal complaint / first complaint i.e. C.R. No. I-3 of 2018, i.e. other complaints / FIRs being C.R. No. I-4 of 2018, C.R. No. I-5 of 2018, C.R. No. I-6 of 2018, C.R. No. I-10 of 2018, C.R. No. I-13 of 2019, C.R. No. I-14 of 2019, C.R. No. I-8 of 2018, C.R. No. I- 9 of 2018, C.R. No. I-12 of 2018, C.R. No. I-13 of 2018, C.R. No. I-14 of 2018, C.R. No. I-1 of 2019, C.R. No. I-2 of 2019. C.R. No. I-4 of 2019, C.R. No. I-5 of 2019, C.R. No. I-6 of 2019, C.R. No. I-7 of 2019, C.R. No. I-8 of 2019, C.R. No. I-9 of 2019, C.R. No. I-10 of 2019 and C.R. No. I-11 of 2019. All the aforesaid FIRs/ Criminal Cases are directed to be clubbed with the criminal case arising out of FIR being C.R. No. I-3 of 2018 at Sessions Court, Dharampur. In the same way, two FIRs registered in Navsari District i.e. C.R. No. I-2 of 2019 and C.R. No. I-3 of 2019 both registered by Navsari ACB Police Station are also directed to be clubbed and Sessions Case arising out of principal FIR i.e. C.R. No. I-2 of 2019 be treated as main matter and C.R. No. I-3 of 2019 be clubbed with the same. So far as other two FIR being C.R. No. I-3 of 2019 registered at Valsad & Dang ACB Police Station and having jurisdiction to try the sessions case at Valsad and C.R. No. I-7 of 2018 registered by Valsad & Dang ACB Police Station, having jurisdiction to try the sessions case at Vapi be considered as separate proceedings and the same be continued independently at the respective Sessions Courts.
11. The subsequently registered FIRs shall be treated as Page 8 of 10 Downloaded on : Mon Oct 10 20:35:02 IST 2022 R/SCR.A/9576/2019 ORDER DATED: 03/10/2022 statements under Section 161 of the Code of Criminal Procedure. The investigating officer in criminal case arising from the first FIR, as referred to above, will be free to file supplementary charge-sheet after collation of all the records concerning other FIRs, which are clubbed in terms of this order. In the event, the investigating officer in other FIRs had already filed the police report under Section 173 of the Code of Criminal Procedure before the concerned Court and the concerned Court had taken cognizance thereof, the said FIRs and criminal cases would also stand transferred / clubbed alongwith the first criminal case registered before the concerned court, as referred to above, to be proceeded with in accordance with law. The investigating officer in the stated case (principal case to which the subsequent FIRs would stand merged / clubbed), will be free to file supplementary charge-sheet on the basis of the material collated during investigation of other FIRs.
12. If the accused has been granted bail in connection with the principal FIR or criminal case arising therefrom, in which the other FIRs/ criminal cases will stand clubbed / merged in terms of this order, the bail so granted must ensure in his favour until the court of competent jurisdiction cancels the same owing to supervening circumstances including breach of bail conditions.
13. Ms. Maithili D. Mehta, learned APP, on instructions, Page 9 of 10 Downloaded on : Mon Oct 10 20:35:02 IST 2022 R/SCR.A/9576/2019 ORDER DATED: 03/10/2022 submits that if any, further F.I.R. is to be lodged against the applicant, 10 (ten) days Notice will be given to the applicant, to take appropriate legal action, in accordance with law.
14. The present order is passed with the broad consensus arrived at between the parties.
15. With the aforesaid, the present application is allowed to the aforesaid extent.
In view of the order passed in the main matter, the Criminal Misc. Application No.1 of 2022 would not survive and the same is disposed of, accordingly.
(VAIBHAVI D. NANAVATI,J) Pradhyuman Page 10 of 10 Downloaded on : Mon Oct 10 20:35:02 IST 2022