Ramsinh Pritamsinh Grewal vs State Of Gujarat on 2 December, 2014

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Gujarat High Court

Ramsinh Pritamsinh Grewal vs State Of Gujarat on 2 December, 2014

Bench: J.B.Pardiwala

         R/CR.MA/18593/2014                                           ORDER



          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    CRIMINAL MISC.APPLICATION (FOR DIRECTION) NO. 18593 of 2014

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               RAMSINH PRITAMSINH GREWAL....Applicant(s)
                              Versus
                  STATE OF GUJARAT....Respondent(s)
================================================================
Appearance:
MR. BHADRISH S RAJU, ADVOCATE for the Applicant(s) No. 1
PUBLIC PROSECUTOR for the Respondent(s) No. 1
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         CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA

                                Date : 02/12/2014


                                  ORAL ORDER

1 By this application under Section 340 of the Code of Criminal Procedure, 1973, the applicant has prayed for the following reliefs:

"11(i). Make a complaint against the accused for the offences punishable under Sections 193, 196 and 120B of the Indian Penal Code, 1860 as contemplated under the provisions of Section 340 of the Code of Criminal Procedure, 1973;

(ii) To pass any other and further orders as may be deemed fit and proper."

2 It appears that one Special Civil Application No.3278 of 2014 has been filed before this Court praying for the following reliefs:

"8(A) to issue a writ of mandamus or any other appropriate writ, order or direction, quashing and setting aside the notice dated 24.02.2014 and 06.02.2014 issued by respondent No.3 at AnnexureA and also condition No.5 of development permission dated 25.04.2011 (AnnexureF) and thereby direct the respondent Page 1 of 3 R/CR.MA/18593/2014 ORDER No.3 to issue Building Use Permission to the building named as "Western Business Park" situate at Final Plot No.20, Revenue Survey No.13/p B1 to B4 of T.P. Scheme No.1, Vesu, Surat.

(B) To issue a writ of mandamus or any other appropriate writ, order or direction declaring that revised NonAgricultural permission with respect to Revenue Survey No.13/p B2 to B4 of Final Plot No.20 admeasuring 8364 sq.mtrs is deemed to have been granted as it was not decided within a reasonable period from the date of application dated 09.11.2012.

(C) Alternatively to issue a writ of mandamus or any other appropriate writ, order of direction directing respondent No.2 -

District Collector, Surat to decide an application for revised N.A. permission at AnnexureK forthwith in the interst of justice.

(D) Pending admission, hearing and final disposal of this petition, Your Lordships may be pleaded to stay the execution, operation and implementation of the notices dated 24.02.2014 and 06.02.2014 issued by respondent No.3 at AnnexureA and thereby restrain the respondent No.3 from taking any coercive steps in respect to the building known as "Western Business Park".

(E) Pending admission, hearing and/or final disposal of this petition, Your Lordships may be pleased to direct the respondent No.2 to decide an application for revised N.A. permission at AnnexureK. (F) To pass such other and further order/s as may be just and necessary in the circumstances of the case."

3 It also appears that the applicant before me has filed an application for being impleaded as a party respondent in the Special Civil Application No.3278 of 2014, which is pending as on today. The applicant before me has not yet been ordered to be impleaded in the writ application. However, his case is that the petitioners of the Special Civil Application No.3278 of 2014 have adduced false evidence before the Court, thereby they have committed an offence under Sections 193 to 196 of the Indian Penal Code. The Special Civil Application is being heard by a Coordinate Bench. The applicant before me, who is Page 2 of 3 R/CR.MA/18593/2014 ORDER complaining of the offence, alleged to have been committed in or in relation to any proceedings in any Court, is yet to be impleaded.

4 My view is that after the applicant is permitted to be joined as the party respondent in the Special Civil Application, he will have to draw the attention of that particular Court regarding the false evidence alleged to have been produced by the petitioners before that Court. As on today, there is no finding in that regard of any nature recorded by the Coordinate Bench hearing the Special Civil Application No.3278 of 2014.

5 Mr. Bhadrish Raju, the learned advocate appearing on behalf of the applicant submits that since this Court has been assigned with the determination of taking up criminal matters, the present application has been filed before this Court. Be that as it may, I am of the view that the Court before whom false evidence is alleged to have been produced, can also pass appropriate orders to initiate appropriate proceedings under Section 340 of the Code of Criminal Procedure, 1973, ultimately, if it is found to the satisfaction of the Court that the case is made out for the same.

6 Let this matter be heard along with the Special Civil Application No.3278 of 2014, after obtaining appropriate orders from the Honourable the Acting Chief Justice.

(J.B.PARDIWALA, J.) chandresh Page 3 of 3

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