Gujarat High Court
Manoj @ Bunty Bhawarlal Jain vs State Of Gujarat & 7 on 22 January, 2016
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/SCR.A/5456/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 5456 of 2015
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MANOJ @ BUNTY BHAWARLAL JAIN....Applicant(s)
Versus
STATE OF GUJARAT & 7....Respondent(s)
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Appearance:
MR ZUBIN F BHARDA, ADVOCATE for the Applicant(s) No. 1
MR. SHAH, ADDL. PUBLIC PROSECUTOR for the respondent(s) No.1.
DS AFF.NOT FILED (N) for the Respondent(s) No. 2 - 5
MR PRABHAKAR UPADYAY, ADVOCATE for the Respondent(s) No. 6 - 8
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 22/01/2016
ORAL ORDER
1. By this application under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs;
"(A) This Honourable Court may be pleased to admit and allow this petition.
(B) This Honourable Court be pleased to quash and set aside the FIR being Prohibition CR. No.III-205/2011 registered with Dahod Rural Police Station and further be pleased to quash the further proceedings of Criminal Case No.756/2012 pending in the court of Chief Judicial Magistrate, Dahod.
(C ) That this Hon'ble may be pleased to order registration of an FIR against the respondent Nos.6 to 8 as directed by the Inspector General of Police, Vadodara vide letter bearing No. G/APPLICATION/TA- 1/HOME.42/DGP/103/7555/15 dated 25.06.2015 and as communicated by the District Superintendent of Police, Page 1 of 4 HC-NIC Page 1 of 4 Created On Sat Jan 23 01:54:06 IST 2016 R/SCR.A/5456/2015 ORDER Dahod vide order No.APPLICATION.1IGP.R.419.1.5 DGPR.11.14.WS.2015 dated 26.06.2015. This Hon'ble Court may further direct the District Superintendent of Police, to supervise the investigation of the above mentioned complaint in the interest of justice.
(D) Pending admission, hearing and final disposal of this petition, this Hon'ble Court be pleased to stay the further proceedings of Criminal Case No.756/2012 pending in the court of Chief Judicial Magistrate, Dahod.
(E) This Honourable Court be pleased to pass such other and further orders, as this Honourable Court may deem fit and proper in the facts and circumstances mentioned above."
2. At the outset, the learned counsel appearing for the applicant, submitted that he would not press the relief as prayed for in para-8(B) is concerned. He, however, voiced his grievance as regards the dubious role alleged to have been played by the respondent No.6-Police Inspector, at present posted in the Police Training School at Junagadh, who at the relevant point of time, had tried to falsely involve the applicant herein in the cases under the Bombay Prohibition Act. It appears that the applicant herein is an accused so far as the Criminal Case No.756 of 2012 pending in the court of the learned Chief Judicial Magistrate, Dahod is concerned. The said case is for the offence punishable under the Bombay Prohibition Act. It also appears that he has pointed out the dubious role played by the investigating officer, i.e., the respondent No.6 by way of an application Exh.33 in the pending criminal case. It also appears that the said application was partly allowed by the learned Magistrate vide order dated 20th March, 2014, and a bailable warrant was also ordered to be issued against the respondent No.6. Whatever proceedings might have been initiated by the court concerned, may Page 2 of 4 HC-NIC Page 2 of 4 Created On Sat Jan 23 01:54:06 IST 2016 R/SCR.A/5456/2015 ORDER proceed in accordance with law. However, what has been pointed out to me is the communication, which is at page-61 addressed by the Police Superintendent, Dahod to the Deputy Superintendent of Police, Dahod Division, Dahod. In the said communication, in clear terms, it has been observed that the office of the Police Superintendent, Dahod had received a letter from the office of the Inspector General of Police, Vadodara Division to take appropriate legal steps against the respondent No.6 by registering an offence within a period of three days. Probably, the communication, which is at page-61, is a reminder by the Police Superintendent to the Deputy Superintendent of Police in that regard.
3. Yesterday, when the matter was taken up for hearing, Mr. Shah, the learned APP, placed a report for my perusal of the Deputy Superintendent of Police, Dahod Division, Dahod, wherein serious allegations have been levelled against the respondent No.6 as regards the dubious role played by him in the investigation of the cases against the applicant herein. I expect the State-respondents to immediately act further in accordance with law and see to it that appropriate steps are being taken against the respondent No.6 for the acts alleged by the applicant and, prima facie, found to be true by the State-respondents. If the respondent No.6 is aggrieved in any manner, it shall be open for him to avail of appropriate legal remedy before the appropriate forum in accordance with law.
4. Mr. Zubin Bharda, the learned counsel appearing for the applicant clarified that he has not pressed the relief so far as quashing of the proceedings of the criminal case is concerned because it appears that having regard to the facts of the case, Page 3 of 4 HC-NIC Page 3 of 4 Created On Sat Jan 23 01:54:06 IST 2016 R/SCR.A/5456/2015 ORDER the State Government has taken an appropriate decision to withdraw the prosecution under section 321 of the Code of Criminal Procedure, 1973. This circumstance itself is a pointer as regards the dubious role played by the investigating officer. It is further clarified that if the trial court, before whom the criminal case is pending, is of the view that an offence is committed by the respondent No.6 herein in relation to, any proceedings in any court, it will be open for him to proceed further in accordance with law.
5. With the above, this application is disposed of.
Direct service is permitted.
(J.B.PARDIWALA, J.) Vahid Page 4 of 4 HC-NIC Page 4 of 4 Created On Sat Jan 23 01:54:06 IST 2016