Gujarat High Court
P.S.Gadhvi vs Jatinbhai Chhitabhai Patel on 5 March, 2015
Author: Ks Jhaveri
Bench: Ks Jhaveri, A.G.Uraizee
R/CRREF/1/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL REFERENCE NO. 1 of 2014
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P.S.GADHVI....Applicant(s)
Versus
JATINBHAI CHHITABHAI PATEL....Respondent(s)
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Appearance:
SUO MOTU for the Applicant(s) No. 1
MR. JARJEESKHAN PATHAN, ADVOCATE for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE KS JHAVERI
and
HONOURABLE MR.JUSTICE A.G.URAIZEE
Date : 05/03/2015
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE KS JHAVERI)
1. Rule. Mr. Jarjees Khan, learned advocate appearing for respondent waives service of notice of Rule. With the consent of learned advocates, matter is taken up for final hearing today.
2. The respondent was issued with notice in the present proceedings after report received from the Principal District Judge, District Court, Vadodara with regard to his conduct in in repeatedly giving criminal intimidation to the then 9 th Ad- hoc Additional District Judge, Vadodara for passing judicial order in his matter which amounts to contempt of court. In pursuance of the same, the Standing Committee of this Court referred the matter to the Division Bench taking up contempt Page 1 of 3 R/CRREF/1/2014 ORDER matters.
3. Pursuant to the non-bailable warrant issued by this Court, the respondent is produced before the court from Central Jail, Vadodara where he is presently under custody. The respondent has tendered unconditional apology and expressed remorse for his conduct.
4. Mr. Jarjees Khan Pathan, learned advocate appearing for the respondent states that the respondent is remorseful for his conduct and action and due affidavit tendering unconditional apology by the respondent shall be filed during the course of the day. He submitted that the Court may impose minimum punishment on the respondent under the Act.
5. Section 12 of the Contempt of Courts Act contemplates punishment upto 6 months or fine upto Rs. 2000/- or both for committing contempt of court. Considering the peculiar facts and circumstances of the case and taking into consideration the report of the lower court, we are of the view that the respondent deserves to be punished for contempt of court.
6. In view of the fact that the respondent has tendered unconditional apology and has also expressed remorse for his contemptuous conduct, we are of the opinion that imposing fine of Rs. 2000/- on respondent instead of sending him further to jail would be the just and appropriate punishment. The respondent is punished accordingly. The respondent is directed to deposit the amount of fine with the Registry of this Court within a period of three weeks from today. Appropriate Page 2 of 3 R/CRREF/1/2014 ORDER affidavit shall be filed during the course of the day. It is clarified that the respondent shall not repeat such act in future failing which strict action shall be taken against her.
7. In the result, on payment of the aforesaid amount of fine within the stipulated time and the filing of affidavit tendering unconditional apology, the proceedings initiated against the respondent are hereby disposed. Criminal Reference is disposed of accordingly. Rule is made absolute accordingly.
(K.S.JHAVERI, J.) (A.G.URAIZEE,J) divya Page 3 of 3