Gujarat High Court
Arvindbhai Babubhai Kachadiya vs State Of Gujarat on 14 July, 2021
Author: A. S. Supehia
Bench: A.S. Supehia
R/CR.MA/17550/2020 ORDERDATED:14/07/2021
IN THEHIGHCOURTOF GUJARATAT AHMEDABAD
R/CRIMINALMISC.APPLICATIONNO. 17550of 2020
With
R/CRIMINALMISC.APPLICATIONNO. 17348of 2020
With
R/CRIMINALMISC.APPLICATIONNO. 17349of 2020
With
R/CRIMINALMISC.APPLICATIONNO. 17971of 2020
With
R/CRIMINALMISC.APPLICATIONNO. 17551of 2020
With
R/CRIMINALMISC.APPLICATIONNO. 17548of 2020
With
R/CRIMINALMISC.APPLICATIONNO. 17554of 2020
With
R/CRIMINALMISC.APPLICATIONNO. 17553of 2020
With
R/CRIMINALMISC.APPLICATIONNO. 17552of 2020
==============================================================================
NARSIBHAIHARIBHAINAKRANI Versus STATEOF GUJARAT ============================================================================== Appearance:
MR.B.B.NAIK,SENIORADVOCATEwith MRKUNANB NAIK(3210)for the Applicant(s)No. 1 MR.HIMANSHUK PATEL,APP for the Respondent(s)No. 1 ============================================================== CORAM: HONOURABLE MR. JUSTICE A.S. SUPEHIA Date: 14/07/2021 COMMON ORALORDER [1] By way of the present application filed under Section 438 of the Code of Criminal Procedure, 1973, (Cr.P.C.) the applicant-accused have prayed for bail in connection with the FIR being C.R. No.I- 11193003201701 of 2020 registered with Amreli City Police Station, District Amreli for the offences under Sections 177, 181, 182, 191, 192, 193, 196, 197, 198, 199, 200, 205, 209, 210, 465, 467, 468,470,471 and 120(B) of the Indian Penal Code, 1860.
[2] Learned advocate for the applicants has submitted that the FIR has been filed for production of Pedigree in Civil Misc. Application No.16 of 2020 in Land Reference Case No. 60 of 1999. It is further Page 1 of 3 Downloaded on : Mon Aug 23 12:52:21 IST 2021 R/CR.MA/17550/2020 ORDERDATED:14/07/2021 submitted that during the pendency of the proceedings, the original claimant had passed away, for which application was filed before the Court for bringing legal heirs on record, for that the heirs have approached the applicant to be a witness to the Pedigree before the concerned authority. Since the applicant came to know that the family of the original claimant was residing in the same village, the heirs have attested to the Pedigree and accordingly, the Pedhinama (Pedigree) dated 14.10.2019 was issued and heirs have been brought on record vide order dated 19.02.2020. It is further submitted that while the application filed for bringing heirs on record before the Court, the names of five female heirs changed after their marriage have been mentioned in the cause-title, however the Pedigree with their maiden name, has been produced along with the application for disbursement and thereafter, upon depositing of the awarded amount, the heirs of the original claimant have made an application for disbursement of the amount of compensation, which was allowed by order dated 10.08.2020.
[2.1] It is further submitted that the same error came to the notice at the time of verification and identification of heirs was done on 24.08.2020 but not on 19.08.2020 as alleged in the FIR. Pursuant to such error, the Court has issued a notice dated 26.08.2020 seeking a clarification from the heirs of the original claimant as well as from the concerned advocates, in response to that, they have submitted a detailed reply on 11.09.2020 stating that due to change in maiden names after marriage discrepancy in the names have crept.
[2.2] It is further submitted that so far as accused no.4, 8 and 11 are concerned, there is no dispute as they are the original heirs. For such purpose, the Pedigree with the maiden names of female heirs, another with their marital names and third with both maiden and marital names have been produced by the heirs and thereafter, the applicants Page 2 of 3 Downloaded on : Mon Aug 23 12:52:21 IST 2021 R/CR.MA/17550/2020 ORDERDATED:14/07/2021 have been served with a notice dated 23.10.2020, for which they have filed a reply inter alia stating that persons mentioned in both the pedhinama are the same and they do have two different names and despite such clarification, the FIR has been registered.
[2.3] Learned Senior Advocate Mr.B.B.Naik with learned advocate Mr.Kunan Naik has submitted that the present FIR has been registered at the instance of the then Principal Senior Judge, Civil Court, Amreli.
[3] Learned APP while placing reliance on the report dated 30.06.2021, filed by Mr.J.J.Chaudhari, Police Inspector, Amreli City Police Station, has submitted that after a detailed investigation, it is found that no evidence is established against the present applicants and accordingly under the provision of Section 173(1)(b) of the Cr.P.C., the first informant is informed with regard to filing of 'B' Summary No.6 of 2021, dated 02.04.2021. It is further submitted that accordingly the proceedings are undertaken. The Court has perused the report of the Investigating Officer, which reveals that no offence has been established against the present applicants.
[4] Under the circumstances, in light of the aforesaid report of the Investigating Officer, this Court is of the considered opinion that at this stage, since there is no apprehension of arrest of the present applicants the matters are required to be disposed of with the direction that in case, if the aforesaid 'B' Summary is not accepted and further investigation is ordered, the applicants shall not be arrested for a period of four weeks, so that, they can avail appropriate remedy against their apprehension of arrest.
(A. S. SUPEHIA,J) NABILA Page 3 of 3 Downloaded on : Mon Aug 23 12:52:21 IST 2021