Gujarat High Court
Kishore Kumar Agarwal vs State Of Gujarat & 6 on 14 March, 2016
Author: Sonia Gokani
Bench: Sonia Gokani
R/CR.MA/2963/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 2963 of 2016
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KISHORE KUMAR AGARWAL....Applicant(s)
Versus
STATE OF GUJARAT & 6....Respondent(s)
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Appearance:
KISHOR KUMAR AGARWAL, PARTY-IN-PERSON, PERSONAL CAPACITY
for the Applicant(s) No. 1
MR MITESH AMIN, PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM: HONOURABLE MS JUSTICE SONIA GOKANI
Date : 14/03/2016
ORAL ORDER
1. Petitioner herein has preferred this petition for quashment of the complaint being CR.No.I-172 of 2015 registered with Kadodara GIDC police station, Surat for the offences punishable under sections 406,420,199,468 and 471 of the Indian Penal Code with a further prayer of staying the investigation of the said complaint. It is also further prayed by the petitioner to open the seal fixed by the police on 13.1.2016 on the office of petitioner's wife.
2. Brief facts leading to this petition are as follows:-
2.1 It is the case of the prosecution that in the year 2011 persons of Noorie Media extended different benefits to poor persons and Page 1 of 8 HC-NIC Page 1 of 8 Created On Sat Mar 19 00:33:17 IST 2016 R/CR.MA/2963/2016 ORDER ladies through various schemes. The complainant inquired about Noorie Media from various members of Noorie Media and came to the office of Noorie Party on Sunday meetings. She came with other women and met the present petitioner, who is in-charge of the Noorie party and had also ensured them to help them in getting different beneifts under different schemes like widows pension, house for poor, education assistance to poor girls, marriage assistance etc. The complainant and other paid Rs.300/- each to become member of Noorie Party. Their ID proofs, photographs and signatures on different papers were taken and they were coming in large numbers on every Sunday meeting held at office of Noorie Party. It is their allegation that the petitioner had taken Rs.500/- from each of them and gave the register for getting benefit of different schemes each lady sent about Rs.8000/- for transportation etc. On 12.6.2015 many such women were called by Bardoli police station as there was application in their names which is addressed to the Chief Minister, Government of Gujarat. It is his say that they have not sent any such application to the office of the Chief Minister, of course though the photographs, thumb impressions, names and addressed were of their own. It is alleged that the petitioner used their thumb impression, photo , I.D.Card etc. for making such representation and application.
3. The petitioner has approached this Court alleging against various politicians, police officers and others. Hit is his say that this complaint is nothing but a racket to extort money. All the schemes, Page 2 of 8 HC-NIC Page 2 of 8 Created On Sat Mar 19 00:33:17 IST 2016 R/CR.MA/2963/2016 ORDER which the Government publishes, the petitioner had noble intention to avail benefits for those scheme to the poorest of the poor. It is also his case that hundreds of women were beaten mercilessly, who came to the police station. The police personnels threatened and terrorized the applicant and others. He has all the proofs and he had also approached the High Court and the Supreme Court against such gory details at the end of it, he has requested to quash the said complaint.
4. The petitioner has produced various documents, his statement as Editor-in-Chief of Noorie Media Limited, affidavits and documents in support of his submissions. Last such affidavit is filed on 7.3.2016.
It is also to be noted that various correspondences despite the pendency of the petitioners have been personally addressed to this Court which have been placed as part of the record by the Registry.
5. The petitioner has chosen to argue his case personally. He has reiteratively urged that this complaint is nothing but an attempt to extort money and an endeavour to blackmail the petitioner. He has wildly alleged against the police officials and politicians. He has reiteratively urged that few extortionists and blackmailers which consists of the police, politicians and bureaucrats are terrorizing Indian citizens and by lodging fake cases against peaceful and country loving citizens, the money is being extorted. He further urged that in the year 2011 he had given such complaint to the then Chief Justice of the State and at his instance, his statement came to be recorded by the then Registrar General. He also further urged that Page 3 of 8 HC-NIC Page 3 of 8 Created On Sat Mar 19 00:33:17 IST 2016 R/CR.MA/2963/2016 ORDER some actions also have been taken after the detailed recording of his statement, which would be vital for this Court to see the angle that he was attempting and also would through some light on the controversy in question. With regard to the seal of the office, he has urged that in his absence, seal has been placed or has been affixed by the police, and therefore, any instance on the part of the police to de-seal it in their presence is not desirable although he has asked for de-sealing of the office. He has urged that had this been the case, he is not sure as to whether the police might have surreptitiously placed any illegal muddamal which may put himself to any trouble.
6. Learned Public Prosecutor Mr.Mitesh Amin for respondent No.1 has fairly submitted that the does not mind prayer of de-sealing of the office being acceded to. According to him, there is no order of any Court which had led the sealing of the premises of the petitioner. He further has urged that when it was seen that there is plenty of material, which was lying there and as various complaints are lodged against the present petitioner, police personnels have chosen to seal the office. There was no other intention to so do it. However, he has urged that some of the allegations which have been made by the petitioner are completely unpalatable and unacceptable. He has heavily relied on the report of Preliminary Inquiry, regarding the complaint made by the petitioner submitted by then Registrar General.
7. Having heard learned advocates for both the sides and also Page 4 of 8 HC-NIC Page 4 of 8 Created On Sat Mar 19 00:33:17 IST 2016 R/CR.MA/2963/2016 ORDER having taken into consideration the material on record, this Court is of the opinion that request to quash the complaint deserves no entertainment. As is quite apparent from the complaint given by one Bhuliben Natubhai Halpati, the complainant and other are agricultural labourers. They all are hailing from lower economic strata and are aggrieved by the action of the petitioner herein. Allegations are of false promises, cheating and diversion of monitory benefits. He has obtained thumb impression of these women on a blank form. Various applications also had bee made to placate persons in the politics. They have also lodged to misuse all applications obtained under the pretest of helping women in getting the benefit of different Central Government and State Government schemes.
8. Exercise of powers under Article 226 of the Constitution of India read with section 482 of the Code of Criminal Procedure need to be done sparingly and consciously. There does not appear to be any reason for the Court to believe that this is a case of quashment or to wreck vengeance against the petitioner, mala fide complaint has been filed. This Court in its prima facie reading is also supported by the report of the preliminary inquiry regarding the complaint made by the petitioner of M/s. Noorie Media Limited against the blackmailing and extortion of money by Gujarat Police and advocate prepared by the then Registrar General.
" The undersigned has also noticed various facts which are sufficient to raise doubt as to credibility of the statements contained in the aforesaid documents as well as the affidavits. However, as the scope of preliminary inquiry is Page 5 of 8 HC-NIC Page 5 of 8 Created On Sat Mar 19 00:33:17 IST 2016 R/CR.MA/2963/2016 ORDER limited, it may not be necessary to discuss the said facts in details. Suffice it to say that various documents accompanied with various affidavits filed by the complainant do not inspire confidence as they appear to be concocted document or that all such persons may have been prompted to make such statements. For instance in the affidavit dated 14th April, 2011 filed by Mr.Kishore Aggarrwal, he has claimed that various ladies and gents working with him were harassed and arrested and put behind bars by the police authority. With the affidavit, he has produced Xerox Copies of statements of such alleged victims. However, on close scrutiny, it is crystal clear that writings in many documents or such statements are similar and same persons appear to have signed on behalf of other persons. As an instance, attention may be focused on a statement dated 3/2/2011, list containing names of 12 persons and signed by 12 persons. The statement contains the alleged names and signatures of below mentioned 12 persons:
1) Mumtazben Giyani
2) Suvarnaben Patil
3) Hansaben Maganbhai Badvi
4) Anita R.Borse
5) Revaben Bhuchevar Raval
6) Afzalbhai Sheikh
7) Raiza Afzal Sheikh
8) Minaxi Yuvraj More
9) Yuvar More
10) Sankutla Pawar
11) Banubibi Hamit Khalifa
12) Yamuna J. Gami
It may be noticed that writing in the signature of item Nos.2,6,7 & 11 are same.(The undersigned has attended training Programme pertaining to hand writing experts and therefore is able to compare the handwriting).Similar such instances are in case of other signatures. This creates a doubt as to genuineness of the documents. It is not out of place to mention that though the complainant claims that he has about 15 lacs members on his role, the Xerox copies of the above referred doubtful documents contain only few names and signatures and most of the names and signatures are repeated in various Xerox Copies of the documents. Furthermore, the complainant claims that amongst other, the police is behind him. However the photographs relied upon by him show good relations of the so called victims and police in as much as the police is shown in the photographs to greet the children and women with flowers etc. Another fact, which doubts the credibility of the Page 6 of 8 HC-NIC Page 6 of 8 Created On Sat Mar 19 00:33:17 IST 2016 R/CR.MA/2963/2016 ORDER complainant, is that he has pretended in various affidavits that there is a threat to his life from the Gujarat Police and politicians. An alleged incident of illegal detention of so called women and children and the police attack at his office had taken place in Bardoli at Surat and the Complainant preferred to select Surat as a destination for recording of statements of his family members. This conduct of the complainant is in-prudent as no prudent man will expose himself to a location which is source of a threat to the life of his family members.
That a complainant has made bold claims of having hundred of CDs and other documents but none of them have been placed on record, even while his statement was being recorded or even thereafter. The complainant claims that about more than 15 lacs persons, are the members of his Institution. No such details are coming forth on record.
That complainant has also pretended as if he is helping the Hon'ble the Chief Justice in digging out the corruption. He has even gone to an extent of imagining a petition and titling it as "In the High Court of Gujarat, Ahmedabad, District Surat(Rural), Special Criminal Application No. of 2011, Hon'ble Chief Justice of High Court, Petitioner Versus State of Gujarat & others, Opponent." This speaks volumes about his intentions.
I may state that the complainant has exposed himself when he came out with a real intention in Email dated 11.05.2011. In such Email, the complainant has stated that he is specialized in "Live Telecast of Court Proceedings free of cost" and has shown his willingness to telecast the proceedings of High Court of Gujarat. Thus, it appears that real intention of the complainant is to establish and explore his relations with the High Court of Gujarat to make profits."
9. In wake of the discussion above, petition for quashment does not deserve to be entertained.
However, this rejection shall not come in the way of the applicant in the trial. His request for de-sealing his office deserves consideration. Learned Public Prosecutor has fairly submitted that there is no order of any Court to seal the premises nor any such circumstances by which the same ought to have been sealed. Learned Public Prosecutor, on instructions, has submitted that the Page 7 of 8 HC-NIC Page 7 of 8 Created On Sat Mar 19 00:33:17 IST 2016 R/CR.MA/2963/2016 ORDER office will be de-sealed in presence of the petitioner or any representative so that in future no further litigations arise on account of any dispute.
10. Resultantly, the following operative order:-
The petitioner or any of his representative would remain present on 17.3.2016 between 11:00 a.m. to 12:.00 noon at the office premises and de-seal the office in their presence. Even if they chose not to remain present, police will de-seal the same.
With these directions, the petition is allowed to the extent above. Disposed of accordingly.
(MS SONIA GOKANI, J.) SUDHIR Page 8 of 8 HC-NIC Page 8 of 8 Created On Sat Mar 19 00:33:17 IST 2016