Gujarat High Court
Devkuwarba Digvijaysinh Vaghela W/O ... vs State Of Gujarat & 2 on 24 January, 2018
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/SCR.A/9658/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION (DIRECTION - TO LODGE
FIR/COMPLAINT) NO. 9658 of 2017
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DEVKUWARBA DIGVIJAYSINH VAGHELA W/O DIGVIJAYSINH DEVUBHA
VAGHELA....Applicant(s)
Versus
STATE OF GUJARAT & 2....Respondent(s)
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Appearance:
MR MAHESH K POOJARA, ADVOCATE for the Applicant(s) No. 1
MS. THAKKAR, ADDL. PUBLIC PROSECUTOR for the RESPONDENT(s) No.
1
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 24/01/2018
ORAL ORDER
1. By this writ application under Article 226 of the Constitution of India, the writ applicant has prayed for the following reliefs;
"(A) That the Hon'ble Court may be pleased to admit this Special Criminal Application;
(B) That this Hon'ble Court may be pleased to issue appropriate writ, order or direction by directing respondent No.3 to forthwith register the complaint made by the petitioner at annexure A as the same disclose the commission of cognizable offences in the interest of justice.
(C ) Pending admission, hearing and final disposal of this petition, this Hon'ble Court may be pleased to direct respondent no.3 to forthwith decide the complaint made by the petitioner at Annexure A in the interest of justice.
(D) Grant such other and further relief as deemed just
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and proper by this Hon'ble Court in the interest of justice."
2. The facts of this case may be summarized as under;
2.1 The writ applicant lodged a complaint addressed to the Police Inspector, Vejalpur Police Station, Ahmedabad for the offence punishable under sections 406, 465, 467, 468, 471 read with 114 of the Indian Penal Code. The complaint is at page-11, Annexure-A to this petition. The substance of the complaint is that one Shaktisinh Jayendrasinh Vaghela, the nephew of the writ applicant, created a bogus will of the husband of the writ applicant dated 2nd April, 2005. The copy of the will in question is at page-15 of this paper-book. It is very strongly asserted by the writ applicant, being the widow of Digvijaysinh Devubha Vaghela that the signature on the last page of the will is forged.
3. It appears that a preliminary inquiry was conducted, and at the end of it, the matter was closed. Thereafter, the writ applicant came before this Court by filing the Special Criminal Application No.7113 of 2017, which came to be disposed of by a Coordinate Bench of this Court vide order dated 19th September, 2017. The order reads thus;
"1. Rule. Learned Public Prosecutor waives service of Rule on behalf of the respondents.
2. By way of this petition under Article 226 of the Constitution of India, the petitioner has a grievance to redress as regards to the inaction on the part of the police authorities in not registering the FIR pursuant to the application dated 27.05.2015 given by the petitioner in writing to the Police authority.
3. Heard Mr. Mahesh Poojara, learned advocate Page 2 of 6 HC-NIC Page 2 of 6 Created On Wed Jan 24 23:16:12 IST 2018 R/SCR.A/9658/2017 ORDER appearing for the applicant.
4. Considered the communication dated 08.08.2017 by the Police Sub Inspector, Vejalpur Police Station, Ahmedabad City addressed to the Deputy Registrar, High Court of Gujarat, Ahmedabad. I have also considered the order dated 04.04.2017 passed by the Coordinate Bench of this Court (Coram : Hon'ble Mr. Justice J.B.Pardiwala) in Special Criminal Application (Direction - To Lodge FIR / Complaint) No. 2411 of 2017 as well as the order passed by the District Collector, Ahmedabad, by which, it has been declared that the petitioner is entitled to live in the house. However, it appears from the communication dated 08.08.2017 that the application has not been decided by the concerned police station in view of the pendency of the Special Civil Application No. 8851 of 2017, in which, the order of the Collector is under challenge. It is also pertinent to note that there is no stay granted by this Court.
5. In view of the above fact, the Police Inspector, Vejalpur Police Station, Ahmedabad shall look into the application dated 27.05.2015 afresh submitted by the petitioner and take a decision whether the same discloses commission of any cognizable offence or not. Police authority shall follow the directions issued by Honble Apex Court in the case of Lalita Kumari V/s. Government of Uttar Pradesh and others reported in (2014) 2 SCC 1 as well as in the case of State of Telangana V/s. Habib Abdullah Jeelani and others reported in (2017) 2 SCC 779.
6. After perusal of the complaint and inquiry, if any, the Police Inspector is of the view that the same discloses commission of a cognizable offence, then, in such circumstances, the First Information Report be registered forthwith. However, if the Police Inspector is of the view that no case is made out for the registration of the FIR, then, in such circumstances, the petitioner be informed in writing about the same by giving reasons in brief within a period of fortnight from today.
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7. I hereby clarify that I have otherwise not gone into the merits of the matter.
8. Rule made absolute accordingly. Direct service is permitted. "
4. Prior to the order, referred to above, one order was passed by this Court in the Special Criminal Application No.2411 of 2017 dated 04.04.2017, which reads as under;
"1. By this application under Article 226 of the Constitution of India, the petitioner has a grievance to redress as regards the inaction on the part of the police authorities in not registering the FIR pursuant to the complaint lodged by the petitioner in writing to the Police Inspector, Vejalpur Police Station, Ahmedabad, dated 27/05/2015.
2. The Police Inspector, Vejalpur Police Station, Ahmedabad, shall look into the complaint at Annexure-'A' to the petition and take a decision whether the same discloses commission of any cognizable offence or not. After perusal of the complaint and inquiry, if any, the Police Inspector, Vejalpur Police Station, Ahmedabad, is of the view that the same discloses commission of a cognizable offence, then, in such circumstances, the First Information Report be registered forthwith. However, if the Police Inspector, Vejalpur Police Station, Ahmedabad, is of the view that no case is made out for the registration of the FIR, then, in such circumstances, the petitioner be informed in writing about the same by giving reasons in brief within a period of fortnight from today.
3. With the above direction, this application is disposed of. I clarify that I have otherwise not gone into the merit of the matter. Direct service is permitted."
5. When the allegations are of forgery and when it is asserted that the signature on the will is forged, it was expected of the police officer concerned to collect the original will from the person who is expected to be in possession.
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Thereafter, it was expected to collect the specimen writings of late D.D. Vaghela and, thereafter, refer the specimen handwritings as well as the disputed handwritings to the FSL for the purpose of seeking the handwriting expert's opinion. Nothing of this has been done. Without getting the report of the F.S.L., how could the police officer have closed the matter.
6. In such circumstances, the report at page-21 of this paper-book of the Police Sub-Inspector, Vejalpur Police Station, Ahmedabad City is hereby quashed. The Police Inspector, Vejalpur Police Station, Ahmedabad City is directed to look into the complaint lodged by the writ applicant, once again, and carry out the necessary inquiry in accordance with law at the earliest. This time, in the course of the inquiry, the officer shall collect the original will. Thereafter, he shall obtain the specimen handwritings, if any, of the deceased and seek the opinion of the handwriting expert and arrive at an appropriate conclusion. Let this exercise be undertaken at the earliest in accordance with law.
7. The writ applicant is a patient of HIV positive. Her condition is deteriorating day by day. In such circumstances, I expect the Police Inspector of the Vejalpur Police Station to act very promptly and take an appropriate decision.
8. With the above, this writ application is disposed of.
Direct service is permitted.
(J.B.PARDIWALA, J.)
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Vahid
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