Gujarat High Court
Dr. Anup V Vidhani & vs State Of Gujarat & on 7 March, 2013
Author: K.M.Thaker
Bench: K.M.Thaker
DR. ANUP V VIDHANIV/SSTATE OF GUJARAT R/SCR.A/3229/2011 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CRIMINAL APPLICATION NO. 3229 of 2011 ================================================================ DR. ANUP V VIDHANI & 2....Applicant(s) Versus STATE OF GUJARAT & 1....Respondent(s) ================================================================ Appearance: PARTY-IN-PERSON, ADVOCATE for the Applicant(s) No. 1 - 3 PUBLIC PROSECUTOR for the Respondent(s) No. 1 ================================================================ CORAM: HONOURABLE MR.JUSTICE K.M.THAKER Date : 07/03/2013 ORAL ORDER
1. In present petition the petitioner who appears as party-in-persons has prayed that:-
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(B) The senior citizen petitioners 2,3 aged 70 years and 61 years of whom petitioner 3 Smt. Sudha Vidhani aged 61 years is handicapped hence petitioner 2 Shri Vinod Vidhani aged 70 years prays to represent her in the present proceedings as all petitioners are party in person.
(C) Be pleased to issue appropriate writ, order or direction, quashing and setting aside the order dated 30.4.2011 passed below Exbh. 164 and 175 passed in Criminal Misc. Application No.23 of 2008 passed by learned Judicial Magistrate First Class, 2nd Court, Vadodara, whereby it has been decided to reject the application below Exbh.164 and 175 and be pleased to register complaint against respondent No.2 for the offences punishable under Sections 191 and 193 etc. of the IPC for giving false deposition and false evidence as they were knowingly done to purposefully cause monetary harm to petitioner husband and to cause mental harassment and implicate senior citizen and handicapped mother and father of petitioner husband who are aged 61 years (mother) and 70 years (father) in this false DV case.
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2. Today, when the petition is called out and taken up for hearing, the Court Master has informed that learned advocate for the respondent has filed sick-note.
3. In view of the fact that learned advocate for the respondent is not present, the hearing of present petition is required to be adjourned.
4. However, it is necessary and appropriate to mention that on previous occasion when the petition was called out and taken up for hearing, the petitioner, who appears as party-in-person, did not make submission on merits but he submitted that unless the vigilance report as prayed for in Special Criminal Application No. 2090 of 2012 is not received and supplied to the petitioner, it would not be possible for him to conduct the hearing of the petition being Special Criminal Application No. 3229 of 2011 and / or Special Criminal Application No.2090 of 2012 and make submission on merits.
5. Today, when in light of the said submission, petition being Special Criminal Application No. 2090 of 2012 is examined, it is noticed that in that petition the petitioner has prayed that:-
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(a).......
(b) Be pleased to stay execution proceedings vide case no.47/11, related to the order passed by the Sessions Court Vadodara dated 25/05/2012 vide appeals 58/11 & 60/11 till the final disposal of investigations of Court record tampering by the Registrar (vigilance) High Court of Gujarat.
(c) Be pleased to issue appropriate writ, order or direction to stay and pass ad interim order to stay all proceedings related to Crl. Case 23/08 as the evidence recorded by the Presiding Judicial Officer in Crl. Case No.:- 23/08 is presently under dispute and currently under investigation by Hon Gujarat High Court.
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The petitioner claims that subsequently petitioner has prayed for leave to amend the petition as per draft amendment dated 21.2.2013.
When the said amendment is examined, any specific prayer for referring the matter for vigilance examination or calling for vigilance report does not appear to have been made.
6.2 By way of draft amendment the petitioner has prayed that:-
8BB The petitioners, party in persons, pray to this Hon Court that all the applications dated 19.10.2012, written legal submission dated 3/12/2012, further legal submission dated 22/1/2013 and further affidavit dated 21.2.2013 given in SCRA 20902012 be considered the integral part of the main petition 8-CC Your Lordship be pleased to quash and set-aside the orders dated 25/5/2012 passed in criminal appeal 58/11 of Session's court Vadodara and order of the 2nd court JMFC Vadodara dated 30.4.2011 passed in criminal application 23/08 8DD Your Lordship be pleased to get the issue of the false certificate issued by JMFC 2nd court Vadodara investigated urgently and stringently under present honourable court's supervision under Article 235 as per directions of the Hon Supreme Court of India.
8EE Be pleased to direct the lower courts to consider original Income Tax Returns and balance sheets of the petitioner [Exhibit 33 and exhibit 102] before deciding maintenance and not to assess the income of petitioner by their own accord when of IT returns of petitioner are already on record of all courts of Gujarat and consider the financial independence of the respondent no.2 who is earning and residing in her own home since June 2008 and has refused to occupy the accommodation provided by the petitioner.
8FF Be pleased to direct the respondent-2 to return the amount of Rs.2,45,000/- with interest to the petitioners since it has been obtained by her fraudulently by concealing her own salaried income and tampering of court records 8GG Be pleased to take necessary steps / disciplinary action against the person(s) responsible for 256 additions and cancellations Ex 171 and Ex 37 in the court records and changing the meaning of sentences to the benefit of respondent-2, to for committing forgery / tampering with government document which are also part of court records (Exh. 145 of Cr.Case 23/08 Vadodara) 8HH To take necessary steps against judicial officer who specifically did not assign the page numbers and is responsible for the missing information vital for the defence of the petitioners (Exhibit-171 of Cr.Case 23/08 Vadodara) 8II To expedite the proceedings seeing to the age and health (senior citizens and physically-disabled) of petitioners 2 and 3. It has been total 5 years [1600 days] 210 days in High Court, 450 days since court record tampering reported to vigilance High Court 8JJ To call for record and proceedings of the Cri. Case no:-23/08/, 2nd court JMFC Vadodara and Cr. Appeal no:- 25/09.
8KK To note my contention and observations of the present Hon'ble court regarding Exh.171 where the page numbers have not been assigned specifically on the cross-examination of the petitioners and the vital information given by the petitioners in their difence is missing .
8LL All the proceedings against the petitioners be dropped as no evidence and no witness. More than 47 false and contradictory affidavits are filed by respondent 2. Respondent-2 has not approached any court of law with clean hands hence as per the directions of the Hon'ble Supreme Court, no relief should be given to the respondent-2 8MM To prosecute respondent-2/ u/s 191, 193 of IPC perjury for filing false and contradictory statement and misleading the present court and Sessions and Trial Court of Vadodara 8NN To prosecute respondent 2 u/s 465, 467, 471, 420, 120[B] IPC of forgery and u/s 419 for personation for the criminal mischief done by her in the savings account of the petitioner at Bank of Baroda Harni Branch and her admission of this crime in cross-examination in Cri. Case no:- 23/08 JMFC 2nd court Vododara 8OO To order investigations on Exhibit-145, court records, that prima facie contains the handwriting the respondent-2 and has obtained order of compensation on this document without signature and stamp of doctor 8PP To impose heavy costs upon the respondent for not coming to the honourable court with clean hands as per directions of the Hon'ble Supreme Court.
8QQ To impose heavy costs on the respondents for not following the due process of law and draining out 5 years of the petitioners 1, 2 and 3 in a false and fabricated case to extort money and abusing the process of the court 8RR To compensate for social stigma, compromise in health, loss of Government job of petitioner 1, loss of the income of petitioner 1 for 5 years and in future too from the judicial officer, respondent 1 and 2.
8SS Since the petitioners have impeccably proved vide doctor's original certificate, oral evidence, prescription, receipts that the respondent is suffering from phychotic depression 7-8 years before marriage, to declare this fraudulent marriage as null and void.
Since until now any formal order granting amendment is not passed, it is necessary to pass order and permit the petitioner to amend the petition in terms of draft amendment dated 21.2.2013. Orders accordingly. Amendment to be carried out on or before 12.3.2013, after following procedure in accordance with High Court Rules.
7.1 As mentioned above, any specific relief for vigilance examination or vigilance report does not appear to have been made, however, the petitioner has made reference of and relied on the communication dated 6.7.2012 page 57 whereby the Public Information Officer of this Court seems to have been conveyed the decision of the Hon'ble the Chief Justice to call for vigilance report.
7.2 It appears that the petitioner wants to rely on the said report and is awaiting said report and in light of the said intimation, the petitioner insists that he will make submission on merits only after vigilance report is received.
Under the circumstance, the registry is directed to place the petitions being Special Criminal Application No. 3229 of 2011 and Special Criminal Application No. 2090 of 2012 before the Registrar General.
8.1 The Registrar General is requested to take into account the communication / intimation dated 6.7.2012 which appears to have been made under order of Hon'ble the Chief Justice on administrative side and to find out as to whether the vigilance report is already received or not and if such report is already received, it may be placed with case papers in sealed cover. If such report is not received until now, Registrar General will make necessary inquiry as to why the report is delayed and shall also take necessary steps to call for the report expeditiously and preferably within two weeks.
9. So as to enable Registrar General to look into the aforesaid aspect and inform the Court about present status in light of the aforesaid intimation made by the Public Information Officer and also considering the fact that learned advocate for the respondent has filed sick-note, the hearing is differed to 15.3.2013.
10. On or before the said date, the Registrar General will inform the position as regards the investigation report and / or development in connection with the intimation dated 6.7.2012 made by the Public Information Officer.
11. The said aspect will be considered on the next date of hearing i.e. 15.3.2013.
12. A Copy of this order may be placed and retained on record of petition being Special Criminal Application No.2090 of 2012.
(K.M.THAKER, J.) Suresh 7