Gujarat High Court
Alkeshbhai Prahladbhai Chaudhary vs State Of Gujarat & on 27 February, 2017
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/CR.MA/8696/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 8696 of 2015
[On note for speaking to minutes of order dated 24/01/2017 in
R/CR.MA/8696/2015 ]
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ALKESHBHAI PRAHLADBHAI CHAUDHARY....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MR APURVA R KAPADIA, ADVOCATE for the Applicant(s) No. 1
MR ASIM J PANDYA, ADVOCATE for the Respondent(s) No. 2
APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 27/02/2017
ORAL ORDER
Vide order dated 24th January 2017, this Court had disposed of the main matter by quashing the proceedings of the Criminal Case No.1431 of 2014 pending in the Court of the learned J.M.F.C., Visnagar. However, inadvertently in the order, it could not be clarified that 'the order passed by this Court will have no bearing so far as the civil proceedings goingon between the parties are concerned'. This part may be added.
The Registry shall issue a fresh writ of the order accordingly.
The Note is disposed of.
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 8696 of 2015 ========================================================== ALKESHBHAI PRAHLADBHAI CHAUDHARY....Applicant(s) Versus STATE OF GUJARAT & 1....Respondent(s) ========================================================== Appearance:
MR APURVA R KAPADIA, ADVOCATE for the Applicant(s) No. 1 MR ASIM J PANDYA, ADVOCATE for the Respondent(s) No. 2 MS SHRUTI PATHAK, APP for the Respondent(s) No. 1 ========================================================== CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA Date : 24/01/2017 ORAL ORDER RULE returnable forthwith. Ms.Pathak, the learned APP waives service of notice of rule for and on behalf of the respondent no.1 - State of Gujarat. Mr.Pandya, the learned counsel waives service of notice of rule for and on behalf of the respondent no.2.
By this application under Section 482 of the Code of Criminal Procedure, 1973, the applicant - original accused no.1 seeks to invoke the inherent powers of this Court, praying for quashing of the proceedings of the Criminal Case No.1431 of 2014 pending in the Court of the learned JMFC, Visnagar, arising from an FIR being CR-II No.68 of 2014 lodged at the Visnagar Taluka Police Station for the offence punishable under Page 1 of 7 HC-NIC Page 3 of 9 Created On Tue Feb 28 00:47:49 IST 2017 3 of 9 R/CR.MA/8696/2015 ORDER Sections 323, 504, 506(1) read with Section 114 of the Indian Penal Code.
It appears from the materials on record that the applicant herein was running a petrol-pump in the name of Luv Petroleum at Mehsana. Luv Petroleum was a proprietary concern of which the wife of the applicant herein was the proprietor. The respondent no.2 - original first informant is a public servant. At the relevant point of time, he was serving as a Sales Manager with the Hindustan Petroleum Corporation Limited. On the date of the incident the first informant visited the petrol-pump of the applicant as he wanted to take inspection. At that point of time, some altercation in words took place between the first informant, the applicant and others. It is alleged that one slap was given on the face of the first informant by the applicant herein. At the end of the investigation, charge-sheet came to be filed for the offence punishable under Sections 332, 504, 506(1), 507 read with Section 114 of the Indian Penal Code.
I take notice of the fact that the first informant, in fact, had no idea who the owner or the Manager of the petrol-pump was before he visited the petrol-pump for the purpose of investigation.
On 22nd August 2014, he addressed a letter to the Police Inspector, Visnagar Police Station, Mehsana, stating as under :
"To, The Inspector of Police, Visnagar Police Station, Mehsana, Sir, Page 2 of 7 HC-NIC Page 4 of 9 Created On Tue Feb 28 00:47:49 IST 2017 4 of 9 R/CR.MA/8696/2015 ORDER Sub: Correction in my complaint dt.27.4.2014 I invite your kind attention to my said complaint lodged before you on 27.4.2014 about an incident of criminal assault on me in the premises of M/s. LUV Petroleum, HPCL Petrol Pump, Vill. Basna, Taluka Visnagar on 26.4.2014.
Please note that while lodging the said complaint the same was written in Gujarati language by a Police official in your police station on 27.4.2014. I am person hailing from Uttar Pradesh having no writing or reading ability of Gujarati language. On that date the complaint was lodged by me i.e. 27.4.2014 just the next day after the said criminal occurrence at the outlet, where I was the victim, I was on a real state of shock, mental distress and great physical and mental suffering. In that said disturbed physical and mental state coupled with the fact that I cannot read Gujarati language, an inadvertent error has crept in while police official was writing the complaint. It was inadvertently mentioned in the complaint that Alkeshbhai and his brother Yogeshbhai used foul language and they grabbed my shirt collar and slapped me and threatened me. The fact of the matter is Alkeshbhai was not present at the site, however Yogeshbhai was present. The two people who manhandled were not known to me, one of them addressed himself as K.D.Choudhary. The facts of the case was correctly mentioned in our office communication wide letter no.AHRO/DNK/RET dt.28.4.2014. Refer para 3 of the letter.
I am writing this communication to you to secure due process of law and express my clear conscience. I also herewith enclose copy of a letter no. AHRO/DNK/RET dt.28.4.2014 written by our Chief Regional Manager, to the Hon'ble Director General of Police, Gandhinagar. This also clarifies the correct situation."
I also take cognizance of the letter addressed by the Hindustan Petroleum Corporation Limited to the Director General of Police dated 28th April 2014, wherein the following has been stated :
Page 3 of 7HC-NIC Page 5 of 9 Created On Tue Feb 28 00:47:49 IST 2017 5 of 9 R/CR.MA/8696/2015 ORDER "To, The Director General of Police, Gandhinagar, Gujarat Subject: Manhandling and threatening of Oil Company Sales Officer by two men at M/S Luv Petroleum, at Village Basna, Mehsana Ambajl SH, Dist. Mehsana Respected Sir, Hindustan Petroleum Corp. Ltd (HPCL) is a Public Sector Oil Company, a Govt. of India Undertaking having its branches all over the country. HPCL appointed dealers are authorized to sell petrol and diesel at the retail outlets and the operation of the dealerships are governed by the Dealership Contract Agreements and Statutes such as Essential Commodities Act 1955, the Orders and Rules framed thereunder, the Legal Metrology Act, Petroleum Act etc. and also by rules framed by Central and State Governments respectively thereunder.
As per MS/HSD Control Order under the EC Act 1955 and the prevalent business practices in vogue amongst the PSU OMCs, the sales officers are authorized to conduct regular inspections to secure the standards of the trade and towards achieving the common good as envisaged under Article 39(b) of the Constitution of India.
In a recent incident a sales officer of our Corporation, Shri Padrnesh Shukla, who is in-charge of retail outlets in Mehsana District visited the retail outlet (petrol pump) M/S Luv Petroleum, at Village Basna near Merchant Institute, on Mehsana Ambaji State Highway, District Mehsana on 26/04/2014 after prior intimation to the dealer Mrs. Alkaben Choudhary and her husband Mr. Alkesh Bhai Choudhary who looks after the retail outlet. While carrying out the inspection, he found certain shortcomings. Hence a caution letter was prepared by him and handed over to the Manager as the dealer was not present. Suddenly within the next 10 minutes two men arrived in the outlet and started abusing the sales officer and coerced him to withdraw the caution letter. The Sales officer was physically attacked and threatened Page 4 of 7 HC-NIC Page 6 of 9 Created On Tue Feb 28 00:47:49 IST 2017 6 of 9 R/CR.MA/8696/2015 ORDER of dire consequences by the two men who happened to arrive at the outlet at Basna at the instance of the dealer and the dealer's husband Mr. Alkesh Bhai Choudhary. The abuse and assault took place at around 1330 hrs. on 26/04/2014. The person who physically attacked and abused our sales officer also identified himself as D.K.Chaudhary and said that he was working in Gandhinagar as PI. An FIR was filed on 27/04/2014 at Visnagar police station, dist. Mehsana with FIR no.II 68/2014. Copy of the same is enclosed.
After lodging of FIR repeated threatening mobile phone calls are being received from numbers i.e. 9687658487 and 9687658488 even as of date. The caller also identified himself as an acquaintance of Honorable Ex.CM Shrl Shankar Singh Vaghela and stated that he is busy with elections. However the caller threatened that he will make the life of the Sales Officer miserable by making false allegations/ police complaints stating that the sales officer has been calling on the lady dealer at odd hours and similar such false ground. The caller further stated that he and his associates/the dealer are having business dealings of approximately 400 crores and sales officer does not stand any chance of matching their might.
In view of what has been happening as narrated above, and as a Central Public Sector Undertaking we feel that a duty is cast upon us to bring this unlawful conduct of the above elements to your kind attention. By this representation we request you to pass necessary instructions to the concerned to investigate this incident and simultaneously initiate disciplinary and criminal action on the persons involved in the attack on Shri Padmesh Shukla. We would also request your good self tor instructing the Mehsana district authorities for providing necessary police protection to our officer Shri Padmesh Shukla whose residential/contact details are as follows:
House No.43, Vrindavan Park Society Radhanpur Road, Mehsana - 384002 Mobile No.: 9662545825"
It appears that the first informant himself is not sure as to Page 5 of 7 HC-NIC Page 7 of 9 Created On Tue Feb 28 00:47:49 IST 2017
7 of 9 R/CR.MA/8696/2015 ORDER with whom he had an altercation and who caused hurt to him. In the FIR itself it has been stated that before visiting the petrol-pump he had called up the applicant and the applicant informed him that he was not present at the petrol-pump but a person by name Yogesh was very much present. Yogesh has been shown as the accused no.2 in the charge-sheet.
Mr.Asim Pandya, the learned counsel appearing for the first informant would submit that since the dealership of the applicant herein has been cancelled by the HPCL, his client is not much serious of proceeding further with the matter against the applicant herein.
Ms.Pathak, the learned APP pointed out that there is a statement of the first informant, prima facie, indicating the involvement of the applicant herein in the alleged offence.
So far as the offence under Section 507 of the Indian Penal Code is concerned, there is no reliable evidence in this regard except some call details collected by the Investigating Officer. The mobile from which threats are alleged to have been administered does not belong to the applicant herein.
Having heard the learned counsel appearing for the parties and having considered the materials on record, I am of the view that the inconsistent stance of the first informant and also having regard to the submissions of the learned counsel appearing for the first informant, no useful purpose would be served in putting the applicant herein to trial.
In the result, this application succeeds and is hereby allowed. The proceedings of the Criminal Case No.1431 of 2014 pending in the Court of the learned JMFC, Visnagar, are Page 6 of 7 HC-NIC Page 8 of 9 Created On Tue Feb 28 00:47:49 IST 2017 8 of 9 R/CR.MA/8696/2015 ORDER hereby quashed so far as the applicant is concerned. The case shall now proceed further so far as the co-accused is concerned.
(J.B.PARDIWALA, J.) MOIN Page 7 of 7 HC-NIC Page 9 of 9 Created On Tue Feb 28 00:47:49 IST 2017 9 of 9